In a hearing set forth in the preceding Article, the Japan Fair Trade Commission must notify the would-be addressee of the cease and desist order of the following matters in writing, by a reasonable period of time prior to the date of hearing:
the expected contents of the cease and desist order;
予定される排除措置命令の内容
the facts found by the Japan Fair Trade Commission, and the application of laws and regulations thereto;
公正取引委員会の認定した事実及びこれに対する法令の適用
the date and place of hearing; and
意見聴取の期日及び場所
the name and location of the organization which has jurisdiction over affairs relating to hearing.
意見聴取に関する事務を所掌する組織の名称及び所在地
The written notice set forth in the preceding paragraph must inform the following matters:
前項の書面においては、次に掲げる事項を教示しなければならない。
that the would-be addressee of the cease and desist order may state their opinions and submit evidence on the date of hearing or submit a written statement and evidence instead of appearance on the date of hearing; and
意見聴取の期日に出頭して意見を述べ、及び証拠を提出し、又は意見聴取の期日への出頭に代えて陳述書及び証拠を提出することができること。
that the would-be addressee of the cease and desist order, may request inspection and a copy of evidence pursuant to the provisions of Article 52 until the conclusion of the hearing.
意見聴取が終結する時までの間、第五十二条の規定による証拠の閲覧又は謄写を求めることができること。
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cease and desist order
「排除措置命令」
An order the Japan Fair Trade Commission makes under Article 7, paragraph (1) or (2) (including as applied by Article 8-2, paragraph (2) and Article 20, paragraph (2)), Article 8-2, paragraph (1) or (3), Article 17-2 or Article 20, paragraph (1), requiring the measures needed to end a violation.
Short name set inArticle 49, paragraph (1)
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.