An order issued pursuant to the provisions of Article 7-2, paragraph (1) (including when these are applied mutatis mutandis pursuant to Article 8-3 following the deemed replacement of terms), Article 7-9, paragraph (1) or (2), or Articles 20-2 through 20-6 (hereinafter referred to as a "payment order") must be rendered in writing, and the written payment order for a surcharge is to state the amount of the surcharge to be paid, the basis of its calculation, the violation to which it pertains, and the time limit for payment, and the Chair, and Commissioners who attended the meeting pursuant to the provisions of Article 65, paragraph (1) must affix their names and seals thereto.
A payment order is to take effect upon service of a copy of the written payment order for a surcharge on the addressee.
納付命令は、その名宛人に課徴金納付命令書の謄本を送達することによつて、その効力を生ずる。
The time limit for payment of the surcharge set forth in paragraph (1) is to fall on the day on which seven months have elapsed from the day on which the copy of the written payment order for a surcharge is issued.
第一項の課徴金の納期限は、課徴金納付命令書の謄本を発する日から七月を経過した日とする。
The provisions of Articles 49 through 60 apply mutatis mutandis to the payment order. In this case, in Article 50, paragraph (1), item (i), the term "the expected contents of the cease and desist order" is deemed to be replaced with "amount of the surcharge intended to be ordered to be paid"; the term "the facts found by the Japan Fair Trade Commission, and the application of laws and regulations thereto" in item (ii) of the paragraph and the term "the facts found by the Japan Fair Trade Commission" in Article 52, paragraph (1) is deemed to be replaced with "the basis of calculation of the surcharge and the violation related to the surcharge"; in Article 54, paragraph (1), the term "the expected content of the cease and desist order, the facts found by the Japan Fair Trade Commission and major evidence among those provided for Article 52, paragraph (1), and the application of laws and regulations to the facts found by the Japan Fair Trade Commission" is deemed to be replaced with "amount of the surcharge intended to be ordered to be paid, the basis of calculation of the surcharge and the violation related to the surcharge, and major evidence among those pursuant to Article 52, paragraph (1) as applied mutatis mutandis pursuant to Article 62, paragraph (4) following the deemed replacement of terms".
第四十九条から第六十条までの規定は、納付命令について準用する。この場合において、第五十条第一項第一号中「予定される排除措置命令の内容」とあるのは「納付を命じようとする課徴金の額」と、同項第二号中「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」とあり、及び第五十二条第一項中「公正取引委員会の認定した事実」とあるのは「課徴金の計算の基礎及び課徴金に係る違反行為」と、第五十四条第一項中「予定される排除措置命令の内容、公正取引委員会の認定した事実及び第五十二条第一項に規定する証拠のうち主要なもの並びに公正取引委員会の認定した事実に対する法令の適用」とあるのは「納付を命じようとする課徴金の額、課徴金の計算の基礎及び課徴金に係る違反行為並びに第六十二条第四項の規定により読み替えて準用する第五十二条第一項に規定する証拠のうち主要なもの」と読み替えるものとする。
Read this with the articles around it
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)
payment order
「納付命令」
An order the Japan Fair Trade Commission makes under Article 7-2, paragraph (1) (including as applied by Article 8-3), Article 7-9, paragraph (1) or (2) or Articles 20-2 to 20-6, requiring an enterprise to pay a surcharge (課徴金) to the national treasury; it is given in a written payment order stating the amount, its basis, the violation and the deadline.
Short name set inArticle 62, 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.