When a party who has received a notice pursuant to the provisions of the preceding Article intends to formulate and conduct measures that are necessary in order to ensure that the act that was the reason for suspicion has been ceased, it may create a plan (hereinafter referred to as a "plan for measures to ensure cessation" in this Article and Article 48-9) related to the measures that it intends to conduct (hereinafter referred to as "measures to ensure cessation" in this Article through Article 48-9), submit that plan to the Japan Fair Trade Commission within sixty days after the relevant notice, and apply for approval, pursuant to the provisions of the Rules of the Japan Fair Trade Commission.
The plan for measures to ensure cessation must contain the following:
排除確保措置計画には、次に掲げる事項を記載しなければならない。
the content of the measures to ensure cessation;
排除確保措置の内容
the deadline for conducting the measures to ensure cessation; and
排除確保措置の実施期限
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 Article 48-7, paragraph (1), the Japan Fair Trade Commission is to approve the plan if the Japan Fair Trade Commission finds that the plan for measures to ensure cessation conforms to both of the following items:
the measures to ensure cessation are sufficient for ensuring that the act that was the reason for the suspicion has been ceased; and
排除確保措置が疑いの理由となつた行為が排除されたことを確保するために十分なものであること。
the measures to ensure cessation are expected to be reliably conducted.
排除確保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 provisions of Article 48-3, paragraph (4) and (5) apply mutatis mutandis to the approval pursuant to the provisions of the preceding paragraph.
第四十八条の三第四項及び第五項の規定は、前項の規定による認定について準用する。
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 plan for measures to ensure cessation does not conform to any of the items of paragraph (3).
The provisions of Article 48-3, 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 Article 48-3, paragraphs (4) and (5) is deemed to be replaced with "statement of decision".
第四十八条の三第四項及び第五項の規定は、前項の規定による決定について準用する。この場合において、同条第四項及び第五項中「認定書」とあるのは、「決定書」と読み替えるものとする。
When a party that has received the approval of paragraph (3) intends to change the plan for measures to ensure cessation 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) to (6) apply mutatis mutandis to approval for changes pursuant to the provisions of the preceding paragraph.
第三項から第六項までの規定は、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
measures to ensure cessationmachine translation
「排除確保措置」
In Articles 48-7 to 48-9, the measures that a person notified under Article 48-6 of a suspected violation draws up itself and intends to carry out to ensure that the act that gave rise to the suspicion has ended.
Short name set inArticle 48-7, paragraph (1)· applies only in this article and in Articles 48-8 and 48-9
plan for measures to ensure cessationmachine translation
「排除確保措置計画」
In Articles 48-7 and 48-9, the plan for measures to ensure cessation (排除確保措置) that a person notified under Article 48-6 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 48-7, paragraph (1)· applies only in this article and in Article 48-9
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.