Act on Prohibition of Private Monopolization and Maintenance of Fair Trade

If an enterprise effects private monopolization (limited to that arising from the control of the business activities of other enterprise) that is related to the price of goods or services supplied by the relevant other enterprise (hereinafter referred to as "controlled enterprise" in this paragraph) or substantially restrains the supply volume, market share, or transaction counterparties with respect to goods or services supplied by the controlled enterprise and thereby affects their price of goods or services, the Japan Fair Trade Commission must order the enterprise, pursuant to the procedures as provided in Section 2 of Chapter VIII, to pay to the national treasury a surcharge of an amount equivalent to the total sum of ten percent of the amount listed in items (i) and (ii) below and the amount listed in item (iii) below provided, however, that if the amount thus calculated is less than one million yen, the Japan Fair Trade Commission may not order the payment of the surcharge:

the amount of sales of the relevant goods or services that the enterprise and its specified non-violating supplying subsidiary company, etc. supplied to the controlled enterprise (including the goods or services necessary for the controlled enterprise to supply the goods or services in the particular field of trade concerned with the relevant violation; the same applies in the following item and item (iii)), the goods or services that the enterprise and the specified non-violating supplying subsidiary company, etc. supplied in the particular field of trade (excluding the goods or services that the specified non-violating supplying subsidiary company, etc. supplied to the enterprise, and the goods or services that the enterprise or the specified non-violating supplying subsidiary company, etc. supplied to the controlled enterprise and supplying subsidiary company, etc. of the enterprise), and the goods or services that the enterprise and the specified non-violating supplying subsidiary company, etc. supplied to the supplying subsidiary company, etc. in the particular field of trade (excluding the goods or services that the supplying subsidiary company, etc. (limited to the violating supplying subsidiary company, etc. or the specified non-violating supplying subsidiary company, etc.) received from the enterprise or the specified non-violating supplying subsidiary company, etc. in order to supply the goods or services to others) in the period of implementation concerned with the violation, calculated using the method provided by Cabinet Order;

The amount, calculated using the method provided by Cabinet Order, equivalent to the price for the business that is closely connected to the goods or services concerned with the relevant violation such as manufacturing, sales, or management of all or part of the goods or services, provided by Cabinet Order, which the enterprise and its wholly owned subsidiary company, etc. (limited to the wholly owned subsidiary company, etc. not in violation; the same applies in the following item) conducted; or

the amount, calculated using the method provided by Cabinet Order, equivalent to economic benefits such as money which the enterprise and its wholly owned subsidiary company, etc. gained irrespective of its classification such as charges and remuneration, with regard to not supplying the goods or services concerned with the relevant violation to others (excluding the supplying subsidiary companies, etc. of the enterprise and other enterprises that committed a violation and their supplying subsidiary company, etc.).

If an enterprise effects private monopolization (limited to that engaged in by excluding the business activities of other enterprises, and excluding those which fall under the provisions of the preceding paragraph), the Japan Fair Trade Commission must order the enterprise, pursuant to the procedures as provided in Section 2 of Chapter VIII, to pay to the national treasury a surcharge in an amount equivalent to six percent of the amount of sales of the goods or services that the enterprise and its specified non-violating supplying subsidiary company, etc. supplied in the particular field of trade concerned with the relevant violation (excluding the goods or services supplied to the other enterprise that supply the goods or services in the particular field of trade), the goods or services that the enterprise and the specified non-violating supplying subsidiary company, etc. supplied to the other enterprise (excluding the supplying subsidiary company, etc. of the enterprise) supplying the goods or services in the particular field of trade (including the goods or services necessary for the other enterprise to supply the goods or services) and the goods or services that the enterprise and the specified non-violating supplying subsidiary company, etc. supplied to the supplying subsidiary company, etc. in the particular field of trade (excluding the goods or services that the supplying subsidiary company, etc. (limited to the violating supplying subsidiary company, etc. or the specified non-violating supplying subsidiary company, etc.) received from the enterprise or the specified non-violating supplying subsidiary company, etc. in order to supply the goods or services to others) in the violation period concerned with the violation, calculated using the method provided by Cabinet Order provided, however, that if the amount thus calculated is less than one million yen, the Japan Fair Trade Commission may not order the payment of the surcharge.