A person that has received the notification pursuant to the provisions of the preceding Article may, when intending to formulate and implement by itself the measures necessary to eliminate the act that was the reason for the suspicion, prepare a plan (hereinafter referred to as a "cessation measure plan" in this Article and Article 48-5) concerning the measures it intends to implement (hereinafter referred to as "cessation measures" in this Article through Article 48-5), pursuant to the provisions of the Rules of the Japan Fair Trade Commission, and submit it to the Japan Fair Trade Commission within 60 days from the date of the notification to apply for its approval.
The cessation measure plan must contain the following:
排除措置計画には、次に掲げる事項を記載しなければならない。
the content of the cessation measures;
排除措置の内容
the deadline for conducting the cessation measures; and
排除措置の実施期限
other matters specified by the Rules of the Japan Fair Trade Commission.
その他公正取引委員会規則で定める事項
When there has been an application for approval pursuant to the provisions of paragraph (1), the Japan Fair Trade Commission is to approve the plan if the Japan Fair Trade Commission finds that the cessation measure plan conforms to both of the following items:
the cessation measures are sufficient for ceasing the act that was the reason for the suspicion; and
排除措置が疑いの理由となつた行為を排除するために十分なものであること。
the cessation measures are expected to be reliably conducted.
排除措置が確実に実施されると見込まれるものであること。
The approval of the preceding paragraph must be rendered in writing, and the Chair and Commissioners who attended the meeting pursuant to the provisions of Article 65, paragraph (1) must affix their names and seals on the statement of approval.
The approval under the provisions of paragraph (3) takes effect by serving a copy of the statement of approval on its addressee.
第三項の認定は、その名宛人に認定書の謄本を送達することによつて、その効力を生ずる。
When there has been an application for approval pursuant to the provisions of paragraph (1), the Japan Fair Trade Commission must render a decision to dismiss it if the Japan Fair Trade Commission finds that the cessation measure plan does not conform to any of the items of paragraph (3).
The provisions of paragraphs (4) and (5) apply mutatis mutandis to a decision pursuant to the provisions of the preceding paragraph. In this case, the term "statement of approval" in paragraphs (4) and (5) is deemed to be replaced with "statement of decision".
When a party that has received the approval of paragraph (3) intends to change the cessation measure plan related to that approval, it must receive approval by the Japan Fair Trade Commission, pursuant to the provisions of the Rules of the Japan Fair Trade Commission.
The provisions of paragraphs (3) through (7) apply mutatis mutandis to approval for changes pursuant to the provisions of the preceding paragraph.
第三項から第七項までの規定は、前項の規定による変更の認定について準用する。
Read this with the articles around it
cessation measuresmachine translation
「排除措置」
In Articles 48-3 to 48-5, the measures that a person notified under Article 48-2 of a suspected violation draws up itself and intends to carry out to end the act that gave rise to the suspicion.
Short name set inArticle 48-3, paragraph (1)· applies only in this article and in Articles 48-4 and 48-5
cessation measure planmachine translation
「排除措置計画」
In Articles 48-3 and 48-5, the plan for cessation measures (排除措置) that a person notified under Article 48-2 of a suspected violation draws up and submits to the Japan Fair Trade Commission within 60 days of the notice, applying for its approval.
Short name set inArticle 48-3, paragraph (1)· applies only in this article and in Article 48-5
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.