Act on Prohibition of Private Monopolization and Maintenance of Fair Trade

If an enterprise under either of the following items has committed an act in violation of the provisions of Article 19 (limited to an act that falls under Article 2, paragraph (9), item (iii)), the Japan Fair Trade Commission must order the enterprise, pursuant to the procedures provided in Section 2 of Chapter VIII, to pay to the national treasury a surcharge in an amount equivalent to three percent of the amount of sales for the goods or services provided in the same item that the enterprise supplied, through the act in violation during the violation period, which is calculated using the method provided by Cabinet Order provided, however, that the Japan Fair Trade Commission may not order the payment of such a surcharge if, with regard to the act in violation, the enterprise has received an order pursuant to the provisions of Article 7-2, paragraph (1) or Article 7-9, paragraph (1) or paragraph (2), a notification pursuant to the provisions of Article 7-4, paragraph (7) or Article 7-7, paragraph (3), or a decision pursuant to the provisions of Article 63, paragraph (2), or if the amount of the surcharge pursuant to this Article is less than one million yen:

an enterprise that was subject to an order pursuant to the provisions of Article 20 (limited to an order related to Article 2, paragraph (9), item (iii); the same applies in the following item) or an order pursuant to the provisions of this Article (limited to when the relevant order has become final and binding; the same applies in the following item), within ten years before the investigation start date of the case concerned with the relevant violation; or

an enterprise whose wholly owned subsidiary company was subject to an order pursuant to the provisions of Article 20 (limited to the case when the wholly owned subsidiary company was that of the enterprise on the date of the order) or of this Article (limited to the case when the wholly owned subsidiary company was that of the enterprise on the date of the order) within the ten years before the investigation start date for the case concerned with the violation.

If an enterprise under either of the following items has committed an act in violation of the provisions of Article 19 (limited to an act that falls under Article 2, paragraph (9), item (iv)), the Japan Fair Trade Commission must order the enterprise, pursuant to the procedures provided in Section 2 of Chapter VIII, to pay to the national treasury a surcharge in an amount equivalent to three percent of the amount of sales for the goods provided in the same item that the enterprise supplied, through the act in violation during the violation period, which is calculated using the method provided by Cabinet Order provided, however, that the Japan Fair Trade Commission may not order the payment of such a surcharge if, with regard to the act in violation, the enterprise has received an order pursuant to the provisions of Article 7-2, paragraph (1) or Article 7-9, paragraph (1) or paragraph (2), a notification pursuant to the provisions of Article 7-4, paragraph (7) or Article 7-7, paragraph (3), or a decision pursuant to the provisions of Article 63, paragraph (2), or if the amount of the surcharge pursuant to this Article is less than one million yen:

an enterprise that was subject to an order pursuant to the provisions of Article 20 (limited to an order related to Article 2, paragraph (9), item (iv); the same applies in the following item) or an order pursuant to the provisions of this Article (limited to when the order has become final and binding; the same applies in the following item), within ten years before the investigation start date for the case concerned with the relevant violation; or

an enterprise whose wholly owned subsidiary company was subject to an order pursuant to the provisions of Article 20 (limited to the case when the wholly owned subsidiary company was that of the enterprise on the date of the order) or of this Article (limited to the case when the wholly owned subsidiary company was that of the enterprise on the date of the order) within the ten years before the investigation start date for the case concerned with the violation.

If an enterprise has committed an act in violation of the provisions of Article 19 (limited to an act that falls under Article 2, paragraph (9), item (v) and that is committed continuously), the Japan Fair Trade Commission must order the enterprise, pursuant to the procedures provided in Section 2 of Chapter VIII, to pay to the national treasury a surcharge in an amount equivalent to one percent of the amount of sales during the violation period, calculated using the method provided by Cabinet Order with respect to the counterparty to the act in violation (or, if the act in violation is directed at a counterparty from whom goods or services are received, the amount of purchases calculated using the method provided by Cabinet Order with respect to the counterparty to the act in violation; and if there are multiple counterparties to the act in violation, the total sum of the amounts of sales or purchases calculated using the method provided by Cabinet Order with respect to each counterparty to the act in violation) provided, however, that if that amount is less than one million yen, the Japan Fair Trade Commission may not order payment of the surcharge.