Act on Prohibition of Private Monopolization and Maintenance of Fair Trade

Any enterprise that has received an order pursuant to the provisions of paragraph (1) of Article 7-2 must pay the surcharge calculated pursuant to the provisions of that Article, Article 7-3, Article 7-4, paragraph (2) or (3), Article 7-5, paragraph (3), or paragraph (1) of the preceding Article.

If the amount of surcharge calculated pursuant to the provisions of Article 7-2, Article 7-3, Article 7-4, paragraph (2) or (3), Article 7-5, paragraph (3), or paragraph (1) of the preceding Article includes numbers to the right of the ten thousands place, the surcharge is rounded down to the nearest ten thousand yen.

If an enterprise that has committed a violation provided in Article 7-2, paragraph (1) is a corporation and if the relevant corporation has ceased to exist by virtue of a merger, the violation committed by the relevant corporation and order pursuant to the provisions of that paragraph, notice pursuant to the provisions of Article 7-4, paragraph (7) and paragraph (3) of the preceding Article, or decision pursuant to the provisions of Article 63, paragraph (2) received by the corporation (hereinafter referred to as an "order, etc." in this paragraph and the following paragraph) is deemed to be a violation committed by the corporation surviving, or established as a result of the merger, or an order, etc. received by the corporation surviving, or established as a result of the merger for the purpose of application of the provisions from Article 7-2 through this Article.

If an enterprise that has committed a violation provided in paragraph (1) of Article 7-2 is a corporation and the corporation transferred all of the business concerned with the violation to any one or more of its subsidiary companies, etc., or if the corporation (limited to a company) had any one or more of its subsidiary companies, etc. succeed to all of the business concerned with the violation through a split, and ceased to exist due to a reason other than merger, the violation committed by the corporation and the order, etc. received by the corporation is deemed to be a violation committed by the subsidiary company, etc. to whom all or part of the relevant business has been transferred or who has succeeded to all or part of the relevant business through a split (hereinafter referred to as a "subsidiary company, etc. that has succeeded to specified business") or to be an order, etc. received by the subsidiary company, etc. that has succeeded to specified business, respectively, for the purpose of application of the provisions from that Article through this Article. In this case, if there are two or more subsidiary companies, etc. that have succeeded to the specified business, the term "order the enterprise" appearing in paragraph (1) of Article 7-2 is deemed to be replaced with "order the subsidiary company, etc. that has succeeded to the specified business (meaning the subsidiary company, etc. that has succeeded to specified business as provided in paragraph (4) of Article 7-8; the same applies in this paragraph and paragraph (1) of that Article), jointly and severally with any other subsidiary company, etc. that has succeeded to the specified business and that has received an order pursuant to the provisions of this paragraph," and the term "Any enterprise that has received an order" appearing in paragraph (1) is deemed to be replaced with "Any subsidiary company, etc. that has succeeded to specified business and that has received an order, jointly and severally with any other subsidiary company, etc. that has succeeded to the specified business and that has received an order pursuant to the provisions of the paragraph".

In cases under the preceding two paragraphs, matters necessary for the application of the provisions of Article 7-4 and Article 7-5 are provided by Cabinet Order.

After seven years have passed since the end of the period of implementation, the Japan Fair Trade Commission may not order payment of a surcharge for the relevant violation.