Act on Prohibition of Private Monopolization and Maintenance of Fair Trade

If a representative of a corporation, or an agent, an employee, or any other worker of a corporation or of an individual has, with regard to the business or property of the corporation or individual, violated the provisions referred to in any of the following items, in addition to the offender being punished, the corporation or individual is sentenced to the fine prescribed in each of those items:

Article 89: Fine of not more than five hundred million yen;

Article 90, item (iii) (excluding violation of an order pursuant to the provisions of Article 7, paragraph (1); or Article 8-2, paragraphs (1) or (3) (limited to portions ordering the party to cease and desist from the act in violation of the provisions of Article 3 or Article 8, item (i))): Fine of not more than three hundred million yen;

Article 94: Fine of not more than two hundred million yen; or

Article 90, item (i), (ii), or (iii) (limited to violation of an order pursuant to the provisions of Article 7, paragraph (1) or Article 8-2, paragraph (1) or (3) (limited to portions ordering the party to cease and desist from the act in violation of the provisions of Article 3 or Article 8, item (i))), Article 91, Article 91-2, or Article 94-2: Fine as provided in each of the Articles.

If a representative, manager, agent, employee, or any other worker of an unincorporated entity has violated the provisions referred to in any of the following items with regard to the business or property of the organization, in addition to the offender being punished, the organization is also sentenced to the fine prescribed in each of those items:

Article 89: Fine of not more than five hundred million yen;

Article 90, item (iii) (excluding violation of an order pursuant to the provisions of Article 7, paragraph (1) or Article 8-2, paragraph (1) or (3) (limited to portions ordering the party to cease and desist from the act in violation of the provisions of Article 3 or Article 8, item (i))): Fine of not more than three hundred million yen;

Article 94: Fine of not more than two hundred million yen; or

Article 90, items (i), (ii), or (iii) (limited to violation of an order pursuant to the provisions of Article 7, paragraph (1) or Article 8-2, paragraph (1) or (3) (limited to portions ordering the party to cease and desist from the act in violation of the provisions of Article 3 or Article 8, item (i))), or Article 94-2: Fine as provided in each of the Articles.

If a representative of a corporation, or an agent, employee or any other worker of a corporation or an individual has, with regard to the business of the corporation or individual, violated paragraph (1) of the preceding Article, in addition to the offender being punished, the corporation is sentenced to a fine of not more than three hundred million yen, or the individual is sentenced to the fine prescribed in the paragraph.

The period of prescription of a penalty sentenced to a fine, to be imposed on a corporation, an individual or organization pursuant to the provisions of paragraph (1) or (2) in regard to a violation of Article 89 is the same as those for the offenses prescribed in the Article.

In cases under paragraph (2), the representative or manager represents the organization in the procedural act, and the provisions of the Code of Criminal Procedure that are applicable to the procedural act if a corporation is the accused or the suspect apply mutatis mutandis.

The period of prescription for a sentence to a fine imposed upon a corporation or an individual pursuant to the provisions of paragraph (3) in regard to a violation of paragraph (1) of the preceding Article is the same as for the offences prescribed in the paragraph.

If a violation of Article 89, paragraph (1), item (i); Article 90, item (i) or (iii); or Article 91 occurs, the representative of the relevant corporation (excluding those that fall under the category of a trade association for a violation of Article 90, items (i) or (iii)) that has failed to take necessary measures to prevent the violation despite the knowledge of a plan for the violation or that has failed to take necessary measures to rectify the violation despite the knowledge of the violation, is also to be punished by the fine as prescribed in the relevant Article.

If a violation of Article 89, paragraph (1), item (ii) or Article 90 occurs, a director or any other officer or a manager of the relevant trade association or its constituent enterprise (including, if the officer, employee, agent, or other person who has engaged in the act for the benefit of an enterprise was a constituent enterprise, the relevant enterprise) that has failed to take necessary measures to prevent the violation despite the knowledge of a plan for the violation or who has failed to take necessary measures to rectify the violation despite knowledge of the violation, is also to be punished by the fine as prescribed in each of the Articles.

If a director or any other officer or a manager of the relevant trade association or its constituent enterprise as provided in the preceding paragraph is a corporation or any other organization, the provisions of the preceding paragraph apply to the director or other officer or manager of the organization.

If the court finds that sufficient grounds exist, it may sentence a trade association to dissolution, simultaneously with the rendition of punishments as provided in Article 89, paragraph (1), item (ii) or Article 90.

If a trade association has been sentenced to dissolution pursuant to the provisions of the preceding paragraph, the trade association is dissolved by virtue of the sentence, notwithstanding the provisions of any other laws or regulations, articles of incorporation or other stipulations.

A crime under Articles 89 through 91 is considered only after an accusation is filed by the Japan Fair Trade Commission.

The accusation set forth in the preceding paragraph is made in writing.

In filing an accusation under paragraph (1), whenever the Japan Fair Trade Commission finds it to be appropriate for the sentence under paragraph (1) of the preceding Article or Article 100, paragraph (1), item (i) to be rendered with respect to a crime related to the accusation, the Japan Fair Trade Commission may state to that effect in the written accusation set forth under the preceding paragraph.

The accusation under paragraph (1) cannot be revoked after institution of prosecution.

Any person who has violated a cease and desist order is subject to a non-criminal fine of not more than five hundred thousand yen provided, however, that the foregoing does not apply if the relevant act is to be punished.

Any person who has violated a judicial decision under the provisions of Article 70-4, paragraph (1) is punished by a non-criminal fine of not more than three hundred thousand yen.

Deleted.

In cases under Article 89 or 90, the court may issue the following sentences simultaneously with the rendition of punishments, depending on the circumstances provided, however, that the sentence under item (i) is limited to a case in which the relevant patent right, or exclusive or non-exclusive license for a patented invention belongs to the perpetrator:

that the patent under patent right or the exclusive or non-exclusive license for the patented invention which was used for the violation should be revoked; and

that the perpetrator may not enter into a contract with the government for a period of not less than six months and not more than three years after the judgment becoming final and binding.