Act on Prohibition of Private Monopolization and Maintenance of Fair Trade

The term "market share" as used in this Chapter means the ratio of the volume of goods or services that one or two or more enterprises supplies or receives, to the aggregate total volume of the relevant goods or services supplied in any particular field of trade within a particular period, or the ratio of the value of goods or services that one or two or more enterprises supply or receive, to the aggregate total value of the relevant goods or services supplied in any particular field of trade within a particular period.

The term "subsidiary company, etc." as used in this Chapter means a subsidiary company of an enterprise (meaning a corporation for which the majority of the voting rights (excluding voting rights from shares for which voting rights cannot be exercised for all matters on which a resolution can be passed at the shareholders meeting, but including voting rights from shares that are deemed to confer voting rights pursuant to the provisions of Article 879, paragraph (3) of the Companies Act (Act No. 86 of 2005) and voting rights from shares that cannot be duly asserted against the issuer pursuant to the provisions of Article 147, paragraph (1) or Article 148, paragraph (1) of the Act on Book-Entry Transfer of Corporate Bonds and Shares (Act No. 75 of 2001); the same applies hereinafter in this paragraph and the following paragraph) of all shareholders (including all members; the same applies hereinafter) are held by another corporation. In this case, if a corporation and one or more of its subsidiary companies or if one or more subsidiary companies of a corporation hold the majority of the shareholders' voting rights in another company, the other company is deemed to be a subsidiary company of the corporation; the same applies hereinafter in this paragraph), a parent company of an enterprise (meaning another company that has a subsidiary company; the same applies in this paragraph), or another company whose parent company is the same as that of the enterprise.

The term "wholly owned subsidiary company, etc." as used in this Chapter means a wholly owned subsidiary company of an enterprise (meaning a company for which all the voting rights are held by another corporation. In this case, if a corporation and one or more of its wholly owned subsidiary companies or if one or more wholly owned subsidiary companies of a corporation hold all of the shareholders' voting rights in another company, the other company is considered as a wholly owned subsidiary company of the corporation; the same applies hereinafter in this chapter and in Chapter V), a wholly owning parent company of an enterprise (meaning another company that has a wholly owned subsidiary company; the same applies hereinafter in this paragraph), or another company whose wholly owning parent company is the same as that of the enterprise.

The term "supplying subsidiary company, etc." as used in this Chapter means the subsidiary company, etc. of the enterprise that committed a violation stipulated either in Article 7-2, paragraph (1) or Article 7-9, paragraph (1) or (2) (hereinafter referred to simply as a "violation" in this Article excluding paragraphs (13) and (14)), having provided goods or services concerned with the relevant violation in the particular field of trade concerned with the violation.

The term "violating supplying subsidiary company, etc." as used in this Chapter means the supplying subsidiary company, etc. that committed a violation in the particular field of trade concerned with the relevant violation.

The term "non-violating supplying subsidiary company, etc." as used in this Chapter means the supplying subsidiary company, etc. that has never committed a violation in the particular field of trade concerned with the relevant violation.

The term "specified non-violating supplying subsidiary company, etc." as used in this Chapter means the non-violating supplying subsidiary company, etc. related as a wholly owned subsidiary company, etc. to the enterprise that committed a violation, providing the goods or services concerned with the violation based on the instruction or information from the enterprise pertaining to the provision of the relevant goods or services.

The term "purchasing subsidiary company, etc." as used in this Chapter means the subsidiary company, etc. of the enterprise that committed a violation and received supplies of goods or services in the particular field of trade concerned with the relevant violation.

The term "violating purchasing subsidiary company, etc." as used in this Chapter means the purchasing subsidiary company, etc. that committed a violation in the particular field of trade concerned with the violation.

The term "non-violating purchasing subsidiary company, etc." as used in this Chapter means the purchasing subsidiary company, etc. that has never committed a violation in the particular field of trade concerned with the violation.

The term "specified non-violating purchasing subsidiary company, etc." as used in this Chapter means the non-violating purchasing subsidiary company, etc. related as a wholly owned subsidiary company, etc. to the enterprise that committed a violation, receiving the goods or services concerned with the violation based on the instruction or information from the enterprise pertaining to receiving the relevant goods or services.

The term "advance notification" as used in this Chapter means a notification which the Japan Fair Trade Commission sends to the enterprise that committed a violation, pursuant to the provisions of Article 50, paragraph (1) as applied mutatis mutandis pursuant to Article 62, paragraph (4) following the deemed replacement of terms, if the Japan Fair Trade Commission orders to pay a surcharge pursuant to the provisions of Article 7-2, paragraph (1) or Article 7-9, paragraphs (1) or (2).

The term "period of implementation" as used in this Chapter means the period from the date on which the enterprise that committed a violation prescribed in Article 7-2, paragraph (1) or Article 7-9, paragraph (1) conducted business activities as the implementation of the violation (or, if that date falls before the date 10 years prior to the date on which a measure listed in Article 47, paragraph (1), items (i), (iii) or (iv), a measure prescribed in Article 102, paragraph (1) or (2), or a measure listed in each item of Article 103-3 was first taken against the enterprise for the violation (or, if no such measure was taken against the enterprise, the date on which the enterprise received an advance notification for the violation), that date 10 years prior) until the date on which the business activities as the implementation of the violation cease.

The term "violation period" as used in this Chapter means the period from the date on which the enterprise that committed a violation prescribed in Article 7-9, paragraph (2) committed the violation (or, if that date falls before the date 10 years prior to the date on which a measure listed in Article 47, paragraph (1), items (i), (iii) or (iv), a measure prescribed in Article 102, paragraph (1) or (2), or a measure listed in each item of Article 103-3 was first taken against the enterprise for the violation (or, if no such measure was taken against the enterprise, the date on which the enterprise received an advance notification for the violation), that date 10 years prior) until the date on which the violation ceases.

The term "investigation start date" as used in this Chapter (excluding Article 7-4) means the date on which the measure listed in Article 47, paragraph (1), items (i), (iii) or (iv), or the measure provided in Article 102, paragraph (1) or (2), or the measure provided in each of the items under Article 103-3 was first taken for the case concerned with the relevant violation (if the measure was not taken, the date on which the enterprise received an advance notification concerned with the violation).

An enterprise must not effect private monopolization or unreasonable restraint of trade.

An enterprise must not enter into an international agreement or an international contract which contains the matters which fall under unreasonable restraint of trade or unfair trade practices.

When an act in violation of the provisions of Article 3 or the preceding Article occurs, pursuant to the procedures provided in Section 2 of Chapter VIII the Japan Fair Trade Commission may order the relevant enterprise to cease and desist the relevant act, to transfer a part of the relevant enterprise's business, or to take any other measures necessary to eliminate the act in violation of the provisions.

When the Japan Fair Trade Commission finds it to be particularly necessary, even if an act in violation of the provisions of Article 3 or the preceding Article has already ceased to exist, pursuant to the procedures provided in Section 2 of Chapter VIII, the Japan Fair Trade Commission may order the following persons to take measures to make public that the act has been discontinued and to take any other measures necessary to ensure the elimination of the relevant act provided, however, that this does not apply if seven years have passed since the date of discontinuation of the relevant act:

the enterprise that committed the relevant act;

if the enterprise that committed the relevant act is a corporation, any corporation surviving, or established as a result of the merger by which the enterprise ceased to exist;

if the enterprise that committed the relevant act is a corporation, any corporation who has acquired all or part of the business involving the relevant act from the enterprise by virtue of a split; or

any enterprise that has acquired all or part of the business involving the relevant act from the enterprise that committed the relevant act.