When an act in violation of the provisions of Article 3 or the preceding Article occurs, pursuant to the procedures provided in Section 2 of Chapter VIII the Japan Fair Trade Commission may order the relevant enterprise to cease and desist the relevant act, to transfer a part of the relevant enterprise's business, or to take any other measures necessary to eliminate the act in violation of the provisions.
When the Japan Fair Trade Commission finds it to be particularly necessary, even if an act in violation of the provisions of Article 3 or the preceding Article has already ceased to exist, pursuant to the procedures provided in Section 2 of Chapter VIII, the Japan Fair Trade Commission may order the following persons to take measures to make public that the act has been discontinued and to take any other measures necessary to ensure the elimination of the relevant act provided, however, that this does not apply if seven years have passed since the date of discontinuation of the relevant act:
the enterprise that committed the relevant act;
当該行為をした事業者
if the enterprise that committed the relevant act is a corporation, any corporation surviving, or established as a result of the merger by which the enterprise ceased to exist;
当該行為をした事業者が法人である場合において、当該法人が合併により消滅したときにおける合併後存続し、又は合併により設立された法人
if the enterprise that committed the relevant act is a corporation, any corporation who has acquired all or part of the business involving the relevant act from the enterprise by virtue of a split; or
当該行為をした事業者が法人である場合において、当該法人から分割により当該行為に係る事業の全部又は一部を承継した法人
any enterprise that has acquired all or part of the business involving the relevant act from the enterprise that committed the relevant act.
当該行為をした事業者から当該行為に係る事業の全部又は一部を譲り受けた事業者
Read this with the articles around it
enterprise
「事業者」
Anyone who carries on a commercial, industrial, financial or other business; an officer, employee, agent or other person acting for the benefit of an enterprise is also treated as one for the purposes of Article 2, paragraph (2) and Chapter 3 (trade associations).
Defined inArticle 2, paragraph (1)· 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.