Act on Prohibition of Private Monopolization and Maintenance of Fair Trade

Whenever necessary for conducting an on-site inspection, search, seizure, or seizure with ordering records, a Japan Fair Trade Commission staff member may open locks, open seals, and take other necessary measures.

The measures set forth in the preceding paragraph may be taken in relation to objects retained, seized, or seized by ordering records.

If an object to inspect or object to seize is a recording medium pertaining to electronic or magnetic records, a Japan Fair Trade Commission staff member may ask for cooperation in the operation of a computer and others from a person to be inspected, searched, or seized.

A Japan Fair Trade Commission staff member may prohibit any person from entering or leaving the site without permission while the questioning, inspection, retention, on-site inspection, search, seizure, or seizure with ordering records pursuant to the provisions of this Chapter are being conducted.

When conducting an on-site inspection, search, seizure, or seizure with ordering records of a person's residence, or a residence, building, or other site guarded by a person, a Japan Fair Trade Commission staff member must have the owner or superintendent (including their representative or agent or other person who should act on their behalf), or their employee or cohabitating relative who has attained the age of majority witness it.

If it is not possible, in cases under the preceding paragraph, to have a person provided in that paragraph witness the on-site inspection, search, or seizure, a Japan Fair Trade Commission staff member must have a neighbor who has attained the age of majority or a local police official or local government official witness it.

Any body-search of a female must be conducted in the presence of a female witness over the age of majority provided, however, that this does not apply to urgent cases.

If necessary in the course of an on-site inspection, search, seizure, or seizure with ordering records, a Japan Fair Trade Commission staff member may request the assistance of police officials.

After carrying out questioning, inspection, retention, on-site inspection, search, seizure, or seizure with ordering records pursuant to the provisions of this Chapter, a Japan Fair Trade Commission staff member must prepare a written report that states the date when the measures were taken and the findings, and show it to the person who was questioned or the witness, and, along with the person who was questioned or the witness, affix the person's name and seal thereto provided, however, that if the person who was questioned or the witness does not affix the person's name and seal thereto or is unable to do so, it is sufficient to make supplementary note to that effect.

After carrying out retention, seizure, or seizure with ordering records, a Japan Fair Trade Commission staff member must prepare an inventory of the objects retained, seized, or seized by ordering records and deliver a copy of the inventory to the owner, holder, or custodian of the objects retained, seized, or seized by ordering records (including a person subjected to the measure under the provisions of Article 103-3) or a person who can act in lieu of the owner, holder, or custodian.

Regarding an object retained, seized, or seized by ordering records that is difficult to transport or store, a Japan Fair Trade Commission staff member may, with the consent of the owner or holder of the object or other person that the Japan Fair Trade Commission staff member finds to be appropriate, have the person store the object after receiving a safekeeping receipt.

After an object retained, seized, or seized by ordering records no longer needs to be held in custody, the Japan Fair Trade Commission must return the object to the person to whom it should be returned.

If the Japan Fair Trade Commission cannot return an object that is retained, seized, or seized by ordering records set forth in the preceding paragraph because it does not know the domicile or residence of the person to whom the object should be returned or because of another reason, the Japan Fair Trade Commission must issue a public notice to that effect.

If no request is made for the return of an object retained, seized, or seized by ordering records regarding which a public notice has been issued pursuant to the preceding paragraph after six months have elapsed since the day of the public notice, the object belongs to the national treasury.

If the seized object is a recording medium which was seized after transferring the electronic or magnetic records or having the electronic or magnetic records transferred pursuant to the provisions of Article 103-3 and does not need to be placed in custody, where the person who underwent the seizure and the owner, possessor, or custodian of the recording medium differ, the Japan Fair Trade Commission must deliver the recording medium to the person who underwent the seizure or must allow the copying of the electronic or magnetic records.

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the delivery or duplication pursuant to the provisions of the preceding paragraph.

If neither delivery nor duplication is requested under the preceding paragraph even after six months have elapsed from the date of public notice pursuant to the provisions of paragraph (2) of the preceding Article as applied mutatis mutandis under the preceding paragraph, neither delivery nor duplication is required to be made.

When necessary in the investigation of a criminal case, a Japan Fair Trade Commission staff member may commission persons who have knowledge and experience to give expert opinions on objects retained, seized, or seized by ordering records, or commission interpreters or translators.

The persons commissioned to give expert opinions pursuant to the provisions of the preceding paragraph (referred to in the paragraph (4) and paragraph (5) as "expert witness") may destruct the objects involved with the permission by a judge of the district court or summary court having jurisdiction over the location of the Japan Fair Trade Commission.

A request for permission under the preceding paragraph must be made by a Japan Fair Trade Commission staff member.

If a request provided in the preceding paragraph is made, the judge must issue a warrant to the Japan Fair Trade Commission staff member with the judge's name and seal affixed thereto, and the following information entered thereon: the name of the suspect (for a corporation, this means its name), the charge, the object to destruct, the names of the expert witnesses; the government position and name of the person making the request; the warrant's valid period; the fact that the execution may not be initiated and the warrant must be returned after the expiration of the valid period; the date of issuance of the warrant; and the name of the court to which the judge belongs.

The expert witnesses must show the warrant provided for in the preceding paragraph to the person that is subject to the measures of paragraph (2).

After completing the investigation of a criminal case, a Japan Fair Trade Commission staff member must report the results of the investigation to the Japan Fair Trade Commission.

If an accusation is filed pursuant to the provisions of Article 74, paragraph (1) as a result of the investigation of a criminal case, if there are any objects retained, seized, or seized by ordering records, the Japan Fair Trade Commission must hand over the objects together with the inventory thereof.

If any object retained, seized, or seized by ordering records set forth in the preceding paragraph is being stored pursuant to the provisions of Article 113, the Japan Fair Trade Commission must hand over the safekeeping receipt set forth in that Article and notify the person storing the object pursuant to that Article to that effect.

When any object retained, seized, or seized by ordering records is handed over pursuant to the provisions of the preceding two paragraphs, the object is deemed to have been seized pursuant to the provisions of the Code of Criminal Procedure.

The provisions of Chapters II through IV of the Administrative Procedure Act do not apply to measures taken or administrative guidance implemented by the Japan Fair Trade Commission or a Japan Fair Trade Commission staff member in accordance with the provisions of this Chapter.

A request for review cannot be filed against measures of the Japan Fair Trade Commission or a Japan Fair Trade Commission staff member under the provisions of this Chapter, or against their failure to act.