In order to perform the duty set forth in paragraph (1) of the preceding Article, the Japan Fair Trade Commission takes charge of the following administrative affairs:
公正取引委員会は、前条第一項の任務を達成するため、次に掲げる事務をつかさどる。
those concerning regulations on private monopolization;
私的独占の規制に関すること。
those concerning regulations on unreasonable restraint of trade;
不当な取引制限の規制に関すること。
those concerning regulations on unfair trade practices;
不公正な取引方法の規制に関すること。
those concerning regulations on monopolistic situations;
独占的状態に係る規制に関すること。
those concerning international cooperation in administrative affairs under the jurisdiction of the Japan Fair Trade Commission; or
所掌事務に係る国際協力に関すること。
administrative affairs that are assigned to the Japan Fair Trade Commission pursuant to the laws (including an order pursuant to the laws), beyond what is listed in any of the preceding items.
前各号に掲げるもののほか、法律(法律に基づく命令を含む。)に基づき、公正取引委員会に属させられた事務
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private monopolization
「私的独占」
An enterprise (事業者), alone, by combining or conspiring with other enterprises or by any other means, excluding or controlling the business activities of other enterprises and so, contrary to the public interest, substantially restraining competition in a particular field of trade.
Defined inArticle 2, paragraph (5)· applies throughout the law
unreasonable restraint of trade
「不当な取引制限」
An enterprise (事業者), by contract, agreement or any other means, acting together with other enterprises to fix, maintain or raise prices or to limit quantities, technology, products, facilities or business partners, so that they mutually restrict or carry on their business activities and, contrary to the public interest, substantially restrain competition in a particular field of trade.
Defined inArticle 2, paragraph (6)· applies throughout the law
monopolistic situation
「独占的状態」
A situation in a particular field of business where the goods of a kind (with goods closely similar in function and use) or the services supplied in Japan total more than 100 billion yen, after taxes, in a recent one-year period set by Cabinet Order (政令), one enterprise holds more than half of the field or two together hold more than three quarters, new entry is extremely difficult, and prices have for a considerable time risen sharply or barely fallen while the enterprise earns profits far above its industry's standard or spends excessively on selling and general administrative expenses.
Defined inArticle 2, paragraph (7)· applies throughout the law
unfair trade practices
「不公正な取引方法」
Any of the acts Article 2, paragraph (9) lists: refusing to deal together with competitors without justifiable grounds, unjust discriminatory pricing or selling far below cost that is likely to make other enterprises' business difficult, restricting a buyer's resale prices, abusing a superior bargaining position, and other acts likely to impede fair competition of the kinds listed in item (vi) that the Japan Fair Trade Commission designates.
Defined inArticle 2, paragraph (9)· applies throughout the law
Fair Trade Commission
公正取引委員会
The body the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (独占禁止法, the Antimonopoly Act) sets up to achieve that Act's purpose — among other things, to promote fair and free competition by banning private monopolization, unreasonable restraint of trade and unfair trade practices, and so to protect the interests of general consumers and the democratic and sound development of the national economy (Antimonopoly Act, Articles 1 and 27, paragraph (1)). It comes under the Prime Minister's jurisdiction, but its chairperson and four commissioners — appointed by the Prime Minister with the consent of both Houses of the Diet — exercise their authority independently (Articles 27, paragraph (2), 28 and 29). Under the Act against Unjustifiable Premiums and Misleading Representations, businesses and trade associations may, with the approval of both the Prime Minister and the Fair Trade Commission, conclude or set agreements or rules (協定又は規約) on premiums or representations (Article 36, paragraph (1)).
Written by AI using Antimonopoly Act, Arts. 1, 27, 28, 29 and Act against Unjustifiable Premiums and Misleading Representations, Art. 36 as a reference.