Act on Prohibition of Private Monopolization and Maintenance of Fair Trade

A person whose interests are infringed upon or likely to be infringed upon by an act in violation of the provisions of Article 8, item (v) or Article 19 and who is thereby suffering or likely to suffer extreme damage is entitled to seek the suspension or prevention of the infringements from an enterprise or a trade association that infringes upon or is likely to infringe upon the interests.

An enterprise that has committed an act in violation of the provisions of Articles 3, 6, or 19 (for an enterprise that has committed acts in violation of the provisions of Article 6, limited to an enterprise that has effected unreasonable restraint of trade or employed unfair trade practices in the international agreement or contract concerned) and any trade association that has committed an act in violation of the provisions of Article 8 is liable for damages suffered by another party.

No enterprise or trade association may be exempted from the liability provided in the preceding paragraph by proving the non-existence of intention or negligence on its part.

The right to claim damages under the provisions of the preceding Article may not be asserted in court until the cease and desist order provided for in the provisions of Article 49 (if no such order has been issued, the payment order provided in Article 62, paragraph (1) (excluding those issued against an enterprise that constitutes a trade association that has committed an act in violation of the provisions of Article 8, item (i) or (ii))) has become final and binding.

The right set forth in the preceding paragraph expires by prescription after a lapse of three years from the date on which the cease and desist order or the payment order set forth in the paragraph became final and binding.