Act on Prohibition of Private Monopolization and Maintenance of Fair Trade

If the Japan Fair Trade Commission has ordered payment of a surcharge pursuant to the provisions of Article 7-2, paragraph (1), Article 7-9, paragraph (1) or paragraph (2), or Articles 20-2 through 20-6, in accordance with the provisions of Article 7-8, paragraph (4) (including when these are applied mutatis mutandis pursuant to Article 7-9, paragraph (3) or paragraph (4), or Article 20-7 following the deemed replacement of terms), if there is some portion that should be refunded (except in the cases provided in Article 63, paragraph (5)), the Japan Fair Trade Commission must promptly refund in money any amount already paid pursuant to these provisions.

If the Japan Fair Trade Commission refunds the amount set forth in the preceding paragraph, it must add to the relevant amount the amount calculated by multiplying by a rate specified by Cabinet Order, which must not exceed seven point two five percent per annum, of the amount for the number of days in the period between the day after the lapse of one month from the day after the amount was paid and the day on which the decision was made to pay the refund.

The provisions of the proviso to paragraph (2) and paragraph (3) of the preceding Article apply mutatis mutandis to amounts added pursuant to the provisions of the preceding paragraph.

When there has been an application for the approval set forth in Article 11, paragraph (1) or (2), the Japan Fair Trade Commission must render a decision to dismiss it if the Japan Fair Trade Commission finds the relevant application to be groundless.

The provisions of Article 45, paragraph (2) apply mutatis mutandis if an application for approval set forth in the preceding paragraph has been filed.

The provisions of Article 63, paragraphs (3) and (4) apply mutatis mutandis to a decision under the provisions of paragraph (1).

When the Japan Fair Trade Commission has granted the approval set forth in Article 11, paragraph (1) or (2), if the Japan Fair Trade Commission finds that the facts required for the approval have ceased to exist or have changed, it may rescind or modify the approval by a decision.

The provisions of Articles 49 through 60 and, Article 63, paragraphs (3) and (4) apply mutatis mutandis to a decision under the provisions of the preceding paragraph.

If the Japan Fair Trade Commission finds that maintenance of a cease and desist order or a competition restoration order is inappropriate due to changes in economic conditions or other reasons, it may rescind or modify the cease and desist order or the competition restoration order by a decision provided, however, that this does not apply if the action harms the interests of the addressee of the cease and desist order or the competition restoration order.

The provisions of Article 63, paragraphs (3) and (4) apply mutatis mutandis to a decision under the provisions of the preceding paragraph.

Upon petition by the Japan Fair Trade Commission, if the court finds there to be an urgent necessity of doing so, the court may order the person engaging in an act suspected of violating the provisions of Article 3; Article 6; Article 8; Article 9, paragraph (1) or (2); Article 10, paragraph (1); Article 11, paragraph (1); Article 13; Article 14; Article 15, paragraph (1); Article 15-2, paragraph (1); Article 15-3, paragraph (1); Article 16, paragraph (1); Article 17; or Article 19 to temporarily stop engaging in the act, stop exercising voting rights, or stop executing business as an officer of a company, or may rescind or modify the order.

The judicial decision under the provisions of the preceding paragraph is made pursuant to the Non-Contentious Case Procedures Act (Act No. 51 of 2011).

The execution of a judicial decision under the provisions of paragraph (1) of the preceding Article may be stayed by depositing the security deposits or securities (including book-entry transfer bonds, etc., provided in Article 278, paragraph (1) of the Act on Book-Entry Transfer of Corporate Bonds and Shares; the same applies in the following paragraph) as the court may fix.

If a deposit has been made pursuant to the provisions of the preceding paragraph and the judicial decision pursuant to the preceding Article, paragraph (1) has become final and binding, the court may impose a non-penal confiscation of the whole or a part of the security deposits or securities deposited upon the petition of the Japan Fair Trade Commission.

The provisions of the preceding Article, paragraph (2) apply mutatis mutandis to the judicial decision pursuant to the preceding two paragraphs.

Documents to be served are fixed by the Rules of the Japan Fair Trade Commission beyond what is provided by this Act.

With regard to the service of documents, the provisions of Article 100, paragraph (1), Article 101, Article 102-2, Article 103, Article 105, Article 106, and Article 108 of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis. In this case, the term "court" in the paragraph and the term "presiding judge" in the Article are deemed to be replaced with "the Japan Fair Trade Commission", and the term "court execution officer" in Article 101, paragraph (1) of the Code is deemed to be replaced with "staff members of the Japan Fair Trade Commission".

The Japan Fair Trade Commission may make service by publication in the following cases:

if the domicile, residence or other place where the would-be service recipient should be served is unknown; or

for service that should be made in a foreign country, if the provisions of Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding Article following the deemed replacement of terms cannot be applied, or if it is recognized that service cannot be made based on the provisions.

if documents certifying that service was made are not received, after the lapse of six months from the date on which a competent foreign government agency was commissioned to make service pursuant to the provisions of Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding Article following the deemed replacement of terms.

Service by publication is made by making it possible for an unspecified number of people to inspect the fact that the documents to be served are to be delivered at any time to the person who is to be served, by a method prescribed by the Rules of the Japan Fair Trade Commission, and also by posting a document stating that fact on the posting area of the Japan Fair Trade Commission, or by taking measures to make it possible for a person to inspect a display of that fact on the screen of a computer installed in the office of the Japan Fair Trade Commission.

Service by publication takes effect after two weeks from the date on which the measures under the provisions of the preceding paragraph began.

Regarding service by publication in lieu of service to be made in a foreign country, the time period set forth in the preceding paragraph is six weeks.

When a staff member of the Japan Fair Trade Commission has used an electronic data processing system prescribed in Article 6, paragraph (1) of the Act on the Advancement of Government Administration Processes That Use Information and Communications Technology (Act No. 151 of 2002) pursuant to the provisions of Article 7, paragraph (1) of the Act to conduct administrative affairs concerning a disposition notice, etc. prescribed in Article 3, item (ix) of the Act, which is to be conducted by serving documents pursuant to the provisions of this Act or the Rules of the Japan Fair Trade Commission, the staff member must record matters related to the service under the provisions of Article 100, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 70-7 following the deemed replacement of terms in a file stored in a computer (including input and output devices; hereinafter the same applies in Article 81, paragraph (3)) used by the Japan Fair Trade Commission via the electronic data processing system instead of preparing and submitting a document that states those matters.

In addition to what is provided for in this Act, necessary matters with respect to Japan Fair Trade Commission investigation and any other matters relating to the processing of cases, as well as those with respect to deposits set forth in Article 70-5, paragraph (1) are provided by Cabinet Order.

The provisions of Chapters II and III of the Administrative Procedure Act (Act No. 88 of 1993) does not apply to cease and desist orders, payment orders, competition restoration orders and measures connected with applications for approval provided in Article 70-2, paragraph (1), and approvals, decisions, and any other measures under the provisions of this Section (including measures effected by investigators under the provisions of Article 47, paragraph (2) or by a designated staff member under the provisions of this Section) that have been rendered by the Japan Fair Trade Commission.

A request for review cannot be filed against the cease and desist orders, payment orders and competition restoration orders of the Japan Fair Trade Commission, the approvals, decisions and any other measures under the provisions of this Section (including measures of investigators under the provisions of Article 47, paragraph (2) and measures of designated staff members under the provisions of this Section), or the failure to act on any of them.

If the Japan Fair Trade Commission seeks to designate specific trade practices in a specific field of business pursuant to the provisions of Article 2, paragraph (9), item (vi), it is first to hear the opinions of enterprises that are engaged in the same type of business as the enterprises who employ the relevant specific trade practices and hold a public hearing to obtain the opinions of the public, and then must make the designation after due consideration of the opinions presented.

Designation under the provisions of Article 2, paragraph (9), item (vi) is effected by public notice.

Deleted.

If the Japan Fair Trade Commission is convinced, after an investigation conducted pursuant to the procedures provided in Chapter XII, that a criminal offense has taken place, it must file an accusation with the Prosecutor General.

In addition to what is provided for in the preceding paragraph, if the Japan Fair Trade Commission believes that a crime violating the provisions of this Act has taken place, it must file an accusation with the Prosecutor General.

If the Prosecutor General has decided not to prosecute a case that is the subject of an accusation under the provisions of the preceding two paragraphs, the Prosecutor General must promptly submit a written report to that effect to the Prime Minister through the Minister of Justice, giving the reasons.

Witnesses or expert witnesses who have been ordered to appear or to give expert opinions pursuant to the provisions of Article 47, paragraph (1), items (i) or (ii) or Article 47, paragraph (2) may claim travel expenses and allowances set forth by Cabinet Order.

The Japan Fair Trade Commission may establish rules with respect to its internal disciplines, proceedings of cases, and necessary procedures for notifications, applications for approval, and other matters.

In providing rules with respect to the proceedings of cases pursuant to the provisions of the preceding paragraph, the Japan Fair Trade Commission must keep in mind the need to ensure that the relevant proceedings are duly undertaken, including ensuring that the would-be addressee of the cease and desist order, the payment order, the competition restoration order, approvals of Article 48-3, paragraph (3) and approvals of Article 48-7, paragraph (3), and the decision pursuant to the provisions of the preceding Section (hereinafter referred to as a "cease and desist order, etc.") has sufficient opportunity to state and prove the respondent's claims, etc.