Any enterprise that has received an order pursuant to the provisions of paragraph (1) of Article 7-2 must pay the surcharge calculated pursuant to the provisions of that Article, Article 7-3, Article 7-4, paragraph (2) or (3), Article 7-5, paragraph (3), or paragraph (1) of the preceding Article.
If the amount of surcharge calculated pursuant to the provisions of Article 7-2, Article 7-3, Article 7-4, paragraph (2) or (3), Article 7-5, paragraph (3), or paragraph (1) of the preceding Article includes numbers to the right of the ten thousands place, the surcharge is rounded down to the nearest ten thousand yen.
If an enterprise that has committed a violation provided in Article 7-2, paragraph (1) is a corporation and if the relevant corporation has ceased to exist by virtue of a merger, the violation committed by the relevant corporation and order pursuant to the provisions of that paragraph, notice pursuant to the provisions of Article 7-4, paragraph (7) and paragraph (3) of the preceding Article, or decision pursuant to the provisions of Article 63, paragraph (2) received by the corporation (hereinafter referred to as an "order, etc." in this paragraph and the following paragraph) is deemed to be a violation committed by the corporation surviving, or established as a result of the merger, or an order, etc. received by the corporation surviving, or established as a result of the merger for the purpose of application of the provisions from Article 7-2 through this Article.
If an enterprise that has committed a violation provided in paragraph (1) of Article 7-2 is a corporation and the corporation transferred all of the business concerned with the violation to any one or more of its subsidiary companies, etc., or if the corporation (limited to a company) had any one or more of its subsidiary companies, etc. succeed to all of the business concerned with the violation through a split, and ceased to exist due to a reason other than merger, the violation committed by the corporation and the order, etc. received by the corporation is deemed to be a violation committed by the subsidiary company, etc. to whom all or part of the relevant business has been transferred or who has succeeded to all or part of the relevant business through a split (hereinafter referred to as a "subsidiary company, etc. that has succeeded to specified business") or to be an order, etc. received by the subsidiary company, etc. that has succeeded to specified business, respectively, for the purpose of application of the provisions from that Article through this Article. In this case, if there are two or more subsidiary companies, etc. that have succeeded to the specified business, the term "order the enterprise" appearing in paragraph (1) of Article 7-2 is deemed to be replaced with "order the subsidiary company, etc. that has succeeded to the specified business (meaning the subsidiary company, etc. that has succeeded to specified business as provided in paragraph (4) of Article 7-8; the same applies in this paragraph and paragraph (1) of that Article), jointly and severally with any other subsidiary company, etc. that has succeeded to the specified business and that has received an order pursuant to the provisions of this paragraph," and the term "Any enterprise that has received an order" appearing in paragraph (1) is deemed to be replaced with "Any subsidiary company, etc. that has succeeded to specified business and that has received an order, jointly and severally with any other subsidiary company, etc. that has succeeded to the specified business and that has received an order pursuant to the provisions of the paragraph".
第七条の二第一項に規定する違反行為をした事業者が法人である場合において、当該法人がその一若しくは二以上の子会社等に対して当該違反行為に係る事業の全部を譲渡し、又は当該法人（会社である場合に限る。）がその一若しくは二以上の子会社等に対して分割により当該違反行為に係る事業の全部を承継させ、かつ、合併以外の事由により消滅したときは、当該法人がした違反行為及び当該法人が受けた命令等は、当該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事業の全部若しくは一部を承継した子会社等（以下「特定事業承継子会社等」という。）がした違反行為及び当該特定事業承継子会社等が受けた命令等とみなして、同条からこの条までの規定を適用する。この場合において、当該特定事業承継子会社等が二以上あるときは、第七条の二第一項中「当該事業者に対し」とあるのは「特定事業承継子会社等（第七条の八第四項に規定する特定事業承継子会社等をいう。以下この項及び同条第一項において同じ。）に対し、この項の規定による命令を受けた他の特定事業承継子会社等と連帯して」と、第一項中「受けた者は」とあるのは「受けた特定事業承継子会社等は、同項の規定による命令を受けた他の特定事業承継子会社等と連帯して」とする。
In cases under the preceding two paragraphs, matters necessary for the application of the provisions of Article 7-4 and Article 7-5 are provided by Cabinet Order.
After seven years have passed since the end of the period of implementation, the Japan Fair Trade Commission may not order payment of a surcharge for the relevant violation.
実行期間の終了した日から七年を経過したときは、公正取引委員会は、当該違反行為に係る課徴金の納付を命ずることができない。
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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
period of implementationmachine translation
「実行期間」
In Chapter 2, the period from the day an enterprise first carried out business activity implementing a violation under Article 7-2, paragraph (1) or Article 7-9, paragraph (1) to the day that activity ended, starting no earlier than ten years before the day the Japan Fair Trade Commission first took against it, in the case, one of the investigative measures in Article 47, paragraph (1), item (i), (iii) or (iv), Article 102, paragraph (1) or (2) or Article 103-3 (or, if it took none, the day the enterprise received the advance notification (事前通知)).
Defined inArticle 2-2, paragraph (13)· applies only in this chapter
order, etc.
「命令等」
In Article 7-8, paragraphs (3) and (4), the order under Article 7-2, paragraph (1), the notices under Article 7-4, paragraph (7) and Article 7-7, paragraph (3), and the decision under Article 63, paragraph (2) that a corporation received; when the corporation ceases to exist by merger, they are treated as received by the corporation that survives or is set up by the merger.
Short name set inArticle 7-8, paragraph (3)· applies only in this paragraph and in Article 7-8, paragraph (4)
subsidiary company, etc. that has succeeded to specified businessmachine translation
「特定事業承継子会社等」
A subsidiary company, etc. (子会社等) that took over all or part of the business concerned with a violation under Article 7-2, paragraph (1), by transfer or company split, from a corporation that passed that whole business to its subsidiary companies, etc. and then ceased to exist other than by merger; the corporation's violation and the orders, etc. (命令等) it received are treated as that subsidiary's own.
Short name set inArticle 7-8, paragraph (4)
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.