Constitutional Court Advances Green Cross Bid-Rigging Case to Full Review

From the perspective of Dong-A Ilbo, a prominent South Korean newspaper, the Constitutional Court's decision to advance the Green Cross bid-rigging case marks a significant milestone for the nascent trial-appeal system. This is the first instance where a case has passed the preliminary review stage and will proceed to a full bench hearing since the system's inception.

The core of the dispute lies in Green Cross's challenge against the Fair Trade Commission's (FTC) sanctions, imposed due to alleged bid-rigging in the procurement of Gardasil vaccines. The company was accused of colluding with vaccine distributors to secure the top bid for three separate purchases ordered by the Korea Disease Control and Prevention Agency (KDCA) between April 2017 and January 2019.

Green Cross's legal battle has been arduous. After its claims were rejected by the Seoul High Court, the company appealed to the Supreme Court. However, the Supreme Court dismissed the appeal without a substantive review, a decision Green Cross argues is flawed. The company contends that the appellate court's interpretation of the law contradicted a related criminal ruling and misrepresented the legal principles concerning anti-competitive behavior.

Frustrated by the lower courts' decisions, Green Cross invoked the trial-appeal system, arguing that the Supreme Court's dismissal without a full review infringed upon its constitutional rights, specifically the right to a fair trial and the protection of property rights. Dong-A Ilbo notes that out of the 525 trial-appeal cases filed so far, Green Cross's is the only one to have cleared the preliminary hurdle, highlighting the stringent nature of the review process and the perceived strength of Green Cross's constitutional claims. This development is closely watched as it sets a precedent for future cases under this relatively new legal mechanism in South Korea.