政府於興建重大公共工程時，係以採購勞務或財務的方式完成，目的在透過公共工程建設使人民有更好的生活，進而促進人民福祉。惟政府在採購上所花費的金額甚鉅，在每年粗估近60億至80億美金的採購市場誘引下，不肖廠商覬覦龐大利益，致產生許多投機、違法行為，其中公共工程招標過程下的圍標行為，則是一般最常見的違法方式。在政府採購法立法前，遇有圍標此等扭曲競爭秩序情形，乃由擁有行政調查權與處分權之公平交易委員會為權責機關，而在採購法施行後，則轉由公共工程委員會進行監督，希冀藉此達到事權專一之效。本文以政府採購法施行前，公平交易委員會對圍標行為的行政調查出發，並進一步檢討政府採購法施行後，改由公共工程委員會管轄，其間所衍生的利弊問題，以為日後修法之參考。

To carry out a major public construction project, the government mainly completes it by purchasing labor power and financial affairs, with the purpose to give people better life through public construction, and further facilitate the well being of people. Nevertheless, the government spends huge amounts of money on procurement. The procurement market per year is roughly estimated to be US$6~8 billion, which entices unworthy firms to be covetous on the massive profit, thus leading to many speculative and illegal behaviors done by them. Among these behaviors, collusive bidder behavior done in the bidding process of public construction is the most commonly seen illegal way. Before Public Procurement Act was promulgated, any distortion of competition order, such as bidder collusion, took Fair Trade Commission, which possessed the right of administrative investigation and the act of disposition, as the competent authority. After implementation of Public Procurement Act, this kind of supervision was changed to be done by Public Construction Commission, hoping to achieve the effect of unity in exercising the related right. The paper starts the discussion from Fair Trade Commission's administrative investigation of collusive bidder behavior before implementation of Public Procurement Act, and then reviews the advantages and disadvantages produced during the time that the control was changed to be done by Public Construction Commission after implementation of Public Procurement Act. The research results of the paper are referential to amendment of law in the later days.