Notwithstanding the provisions of Article 7-2, paragraph (1), the Japan Fair Trade Commission is not to order an enterprise to pay a surcharge, if the enterprise that is to pay the surcharge pursuant to the provisions of Article 7-2, paragraph (1) falls under both of the following items:
an enterprise that is the first among the enterprises that committed the relevant violation to have individually reported facts and submitted materials regarding the facts of the violation to the Japan Fair Trade Commission pursuant to the provisions of the Rules of the Japan Fair Trade Commission (excluding when the enterprise reports facts and submits materials on or after the investigation start date (the date on which the measure listed in Article 47, paragraph (1), item (iv) or the measure listed in Article 102, paragraph (1) was first taken; hereinafter the same applies in this Article) (or the date on which the enterprise received an advance notification concerned with the violation if neither of the measures was taken; the same applies in the following item, in the following paragraph) for the case concerned with the violation); and
the enterprise that has not committed the relevant violation since the investigation start date for the case concerned with the violation.
当該違反行為に係る事件についての調査開始日以後において、当該違反行為をしていない者
In cases under Article 7-2, paragraph (1), the Japan Fair Trade Commission is to reduce the relevant surcharge before reduction (the surcharge calculated pursuant to the provisions of the preceding two Articles; hereinafter the same applies in this Article and the following Article) by twenty percent of the surcharge before reduction, if the enterprise falls under item (i) and item (v) below, by ten percent of the surcharge before reduction, if the enterprise falls under items (ii) and (v) or items (iii) and (v) below, or by five percent of the surcharge before reduction, if the enterprise falls under items (iv) and (v) below.
the enterprise that is the second among the enterprises that committed the relevant violation to have individually reported facts and submitted materials regarding the facts of the violation to the Japan Fair Trade Commission pursuant to the provisions of the Rules of the Japan Fair Trade Commission (excluding when the enterprise reports facts and submits materials on or after the investigation start date for the case concerned with the relevant violation);
the enterprise that is the third among the enterprises that committed the violation to have individually reported facts and submitted materials regarding the facts of the violation to the Japan Fair Trade Commission pursuant to the provisions of the Rules of the Japan Fair Trade Commission (excluding when the enterprise reports facts and submits materials on or after the investigation start date for the case concerned with the relevant violation);
an enterprise that is the fourth or fifth among the enterprises that committed the violation to have individually reported facts and submitted materials regarding the facts of the violation (excluding facts and materials related to the facts already ascertained by the Japan Fair Trade Commission through the report provided in Article 45, paragraph (1), or the measures as provided in paragraph (4) of the Article, or other means; the same applies in the following item) to the Japan Fair Trade Commission pursuant to the provisions of the Rules of the Japan Fair Trade Commission (excluding when the enterprise reports facts and submits materials on or after the investigation start date for the case concerned with the relevant violation);
the enterprise that is the sixth or thereafter among the enterprises that committed the relevant violation to have individually reported facts and submitted materials regarding the facts of the violation to the Japan Fair Trade Commission pursuant to the provisions of the Rules of the Japan Fair Trade Commission (excluding when the enterprise reports facts and submits materials on or after the investigation start date for the case concerned with the relevant violation); or
an enterprise that has not committed the relevant violation after the investigation start date for the case concerned with the relevant violation.
当該違反行為に係る事件についての調査開始日以後において、当該違反行為をしていない者
In cases under Article 7-2, paragraph (1), the Japan Fair Trade Commission is to reduce the relevant surcharge before reduction by ten percent of the surcharge before reduction, if the enterprise falls under item (i) and item (iii) below, or five percent of the surcharge before reduction, if the enterprise falls under items (ii) and (iii):
if the enterprises that reported facts and submitted materials regarding the relevant violation pursuant to the provisions of item (i) of paragraph (1) or items (i) through (iii) of the preceding paragraph number fewer than five, the enterprise that individually reported facts and submitted materials regarding facts of the violation (excluding facts and materials related to the facts already ascertained by the Japan Fair Trade Commission through the measures listed in the items under Article 47, paragraph (1) or provided in Article 102, paragraph (1), or other means; the same applies in the following item) to the Japan Fair Trade Commission pursuant to the provisions of the Rules of the Japan Fair Trade Commission, by the date set in the Rules of the Japan Fair Trade Commission on or after the investigation start date for the case concerned with the relevant violation (limited to when the sum of the enterprise who reported facts and submitted materials pursuant to the provisions of item (i) of paragraph (1) or items (i) through (iii) of the preceding paragraph and the enterprise that reported facts and submitted materials pursuant to the provisions of this item numbers five or fewer, and when the total number of the enterprises who reported facts and submitted materials pursuant to the provisions of this item is three or fewer);
当該違反行為に係る第一項第一号又は前項第一号から第三号までに規定する事実の報告及び資料の提出を行つた者の数が五に満たない場合において、当該違反行為に係る事件についての調査開始日以後公正取引委員会規則で定める期日までに、公正取引委員会規則で定めるところにより、単独で、公正取引委員会に当該違反行為に係る事実の報告及び資料の提出（第四十七条第一項各号に掲げる処分又は第百二条第一項に規定する処分その他により既に公正取引委員会によつて把握されている事実に係るものを除く。次号において同じ。）を行つた者（第一項第一号又は前項第一号から第三号までに規定する事実の報告及び資料の提出を行つた者の数とこの号に規定する事実の報告及び資料の提出を行つた者の数を合計した数が五以下であり、かつ、この号に規定する事実の報告及び資料の提出を行つた者の数を合計した数が三以下である場合に限る。）
the enterprise that individually reported facts and submitted materials regarding facts of the violation to the Japan Fair Trade Commission pursuant to the provisions of the Rules of the Japan Fair Trade Commission, by the date set in the Rules of the Japan Fair Trade Commission on or after the investigation start date for the case concerned with the relevant violation (excluding the enterprises that fall under the previous item); or
the enterprise that has not committed the relevant violation after the date of submission of the reports and materials provided in the preceding two items.
前二号に規定する事実の報告及び資料の提出を行つた日以後において、当該違反行為をしていない者
If two or more enterprises (limited to when the enterprises are companies) that have violated the provisions of Article 7-2, paragraph (1) have jointly reported facts and submitted materials regarding the facts of the relevant violation to the Japan Fair Trade Commission pursuant to the provisions of the Rules of the Japan Fair Trade Commission, the relevant facts and materials are deemed to have been reported and submitted individually and the provisions of the preceding three paragraphs apply to the two or more enterprises who have reported the facts and submitted materials regarding the facts, as long as the two or more enterprises fall under item (i) below and either item (ii) or (iii) below. In this case, the two or more enterprises are deemed to be a single enterprise for the purposes of the calculation of the number of the enterprises who have reported the facts and submitted the materials provided in paragraph (1), item (i), paragraph (2), items (i) through (iv) and items (i) and (ii) of the preceding paragraph.
第七条の二第一項に規定する違反行為をした事業者のうち二以上の事業者（会社である場合に限る。）が、公正取引委員会規則で定めるところにより、共同して、公正取引委員会に当該違反行為に係る事実の報告及び資料の提出を行つた場合において、第一号に該当し、かつ、第二号又は第三号のいずれかに該当する者であるときに限り、当該事実の報告及び資料の提出を単独で行つたものとみなして、当該事実の報告及び資料の提出を行つた二以上の事業者について前三項の規定を適用する。この場合における第一項第一号、第二項第一号から第四号まで並びに前項第一号及び第二号に規定する事実の報告及び資料の提出を行つた事業者の数の計算については、当該二以上の事業者をもつて一の事業者とする。
that, at the time of the report of the relevant facts and the submission of the materials, the two or more enterprises are related as a subsidiary company, etc. to each other;
that, among the relevant two or more enterprises, the one that committed the violation in concert with another of the two or more enterprises, was related to the other enterprise as a subsidiary company, etc. to each other for the entire period during which it committed the relevant violation in concert with the other enterprise (limited to within ten years preceding the date on which the enterprises reported the relevant facts or submitted the materials);
that a fact that falls under either of the following exists with regard to one of the two or more enterprises that has not committed the violation in concert with another of the relevant two or more enterprises:
当該二以上の事業者のうち、当該二以上の事業者のうちの他の事業者と共同しては当該違反行為をしていないものについて、次のいずれかに該当する事実があること。
the enterprise has transferred all or part of the business involved in the violation to another enterprise of the relevant two or more enterprises or has alienated all or part of the business involved in the violation through a split, and the relevant other enterprise commenced the relevant violation on the date of the relevant transfer or of the split; or
その者が当該二以上の事業者のうちの他の事業者に対して当該違反行為に係る事業の全部若しくは一部を譲渡し、又は分割により当該違反行為に係る事業の全部若しくは一部を承継させ、かつ、当該他の事業者が当該譲渡又は分割の日から当該違反行為を開始したこと。
the enterprise has received all or part of the business connected to the violation from another enterprise of the relevant two or more enterprises or has succeeded to all or part of the business connected to the relevant violation through a split, and first committed the violation on the date of the relevant transfer or of the split.
その者が、当該二以上の事業者のうちの他の事業者から当該違反行為に係る事業の全部若しくは一部を譲り受け、又は分割により当該違反行為に係る事業の全部若しくは一部を承継し、かつ、当該譲受け又は分割の日から当該違反行為を開始したこと。
When the Japan Fair Trade Commission receives the report of facts and submission of materials provided in paragraph (1), item (i), paragraph (2), items (i) through (iv), or paragraph (3), item (i) or (ii), the Japan Fair Trade Commission must promptly notify the enterprise that reported the relevant facts and submitted the materials to that effect in writing.
公正取引委員会は、第一項第一号、第二項第一号から第四号まで又は第三項第一号若しくは第二号に規定する事実の報告及び資料の提出を受けたときは、当該事実の報告及び資料の提出を行つた事業者に対し、速やかに文書をもつてその旨を通知するものとする。
Prior to issuing an order pursuant to the provisions of Article 7-2, paragraph (1) or a notice pursuant to the provisions of the following paragraph or Article 7-7, paragraph (3) to an enterprise that reported facts and submitted materials regarding the fact provided in paragraph (1), item (i), paragraph (2), items (i) through (iv), or paragraph (3), item (i) or (ii), the Japan Fair Trade Commission may additionally request the relevant enterprise to report facts or submit materials regarding the facts of the violation, excluding cases of agreements in paragraph (1) of the following Article (including the agreement which contains the engagement in the acts listed in each of the items of paragraph (2) of the following Article).
If the Japan Fair Trade Commission has decided not to order the payment of a surcharge pursuant to the provisions of paragraph (1), it is to notify the relevant enterprise in writing of that decision at the time it issues an order, pursuant to the provisions of Article 7-2, paragraph (1), to enterprises other than the enterprise regarding the case concerned with the violation committed by the enterprises who fall under the provisions of paragraph (1) (by the time provided in the Rules of the Japan Fair Trade Commission if the Japan Fair Trade Commission does not issue an order pursuant to the provisions).
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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
subsidiary company, etc.
「子会社等」
In Chapter 2, an enterprise's subsidiary company (another company in which a corporation holds a majority of all shareholders' or members' votes, directly or through its subsidiaries), its parent company (a company that has it as a subsidiary), or another company with the same parent company as the enterprise.
Defined inArticle 2-2, paragraph (2)· applies only in this chapter
advance notification
「事前通知」
In Chapter 2, the notice that the Japan Fair Trade Commission sends, under Article 50, paragraph (1) as applied with modified wording by Article 62, paragraph (4), to an enterprise (事業者) that committed a violation when it is to order that enterprise to pay a surcharge (課徴金) under Article 7-2, paragraph (1) or Article 7-9, paragraph (1) or (2).
Defined inArticle 2-2, paragraph (12)· applies only in this chapter
investigation start date
「調査開始日」
In Article 7-4, the day the Japan Fair Trade Commission first took the measure in Article 47, paragraph (1), item (iv) or Article 102, paragraph (1) in the case concerning the violation, or, if it took neither, the day the enterprise received the advance notification (事前通知) about the violation.
Defined inArticle 7-4, paragraph (1), item (i)· applies only in this article
surcharge before reductionmachine translation
「減算前課徴金額」
In Articles 7-4 and 7-5, the surcharge (課徴金) calculated under Articles 7-2 and 7-3, before it is reduced for an enterprise that reported facts and submitted materials to the Japan Fair Trade Commission.
Defined inArticle 7-4, paragraph (2)· applies only in this article and in Article 7-5
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.