Article 7-3

一a person that was subject to an order pursuant to the provisions of paragraph (1) of the preceding Article or paragraph (1) or (2) of Article 7-9 (limited to when the order has become final and binding), a notice pursuant to the provisions of paragraph (7) of the following Article or paragraph (3) of Article 7-7, or a decision pursuant to paragraph (2) of Article 63 (hereinafter referred to in this paragraph as "payment order, etc.") within the ten years prior to the investigation start date concerned with the relevant violation (limited to a person committing a violation on or after the day of the payment order, etc.);

二a person whose wholly owned subsidiary company was subject to a payment order, etc. (limited to the case when the wholly owned subsidiary company was that of the person on the date of the payment order, etc.) within the ten years prior to the investigation start date concerned with the relevant violation (limited to a person committing a violation on or after the day of the payment order, etc.), excluding persons who fall under the previous item; or

三a corporation who is an enterprise who merged with another corporation who is an enterprise subject to a payment order, etc. within the ten years prior to the investigation start date concerned with the relevant violation, or succeeded through a transfer or split to all or part of the business concerned with the violation related to the payment order, etc. from another corporation who is an enterprise subject to a payment order, etc. within the ten years prior to the investigation start date concerned with the relevant violation (limited to a person committing the violation on or after the date of the merger, transfer or split), excluding persons that fall under the previous item (i) or (ii).

一a person that planned to engage in a violation and required, requested or instigated another enterprise to engage in, or not to refrain from committing a violation, either individually or in concert with others, thereby causing the other enterprise to engage in, or fail to refrain from committing a violation;

二a person that has, at the request of another enterprise, designated a price, supply volume, purchase volume, market share or transaction counterparty in relation to the goods or services involved in the violation, continuously to other enterprises, either individually or in concert with others; or

三beyond the person listed in the preceding two items, a person that has committed any of the following acts to materially facilitate the relevant violation, either individually or in concert with others:

イrequiring, requesting, or instigating another enterprise to perform, or not to discontinue, the relevant violation;

ロdesignating price, supply volume, purchase volume, market share, or a transaction counterparty to another enterprise in connection with the goods or services involved in the violation, or about business activities constituting the violation (excluding designations exclusively about one's own transactions);

ハrequiring, requesting, or instigating another enterprise to conceal or disguise at the time of the Japan Fair Trade Commission investigation, the materials related to the relevant violation or the facts that should be the basis of its calculation of the surcharge relating to the relevant violation or to report false facts or submit false materials related to the relevant facts at the time of the investigation; or

ニrequiring, requesting, or instigating another enterprise not to report facts or submit materials pursuant to the procedures provided in the following Article, paragraph (1), item (i), paragraph (2), items (i) through (iv) or paragraph (3), item (i) or (ii), or not to apply for consultation pursuant to the procedures provided in Article 7-5, paragraph (1).