The provisions of Chapters II and III of the Administrative Procedure Act (Act No. 88 of 1993) does not apply to cease and desist orders, payment orders, competition restoration orders and measures connected with applications for approval provided in Article 70-2, paragraph (1), and approvals, decisions, and any other measures under the provisions of this Section (including measures effected by investigators under the provisions of Article 47, paragraph (2) or by a designated staff member under the provisions of this Section) that have been rendered by the Japan Fair Trade Commission.
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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)
designated staff member
「指定職員」
The Japan Fair Trade Commission staff member whom the Commission designates for each case to preside over the hearing (意見聴取).
Short name set inArticle 53, 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)
competition restoration order
「競争回復措置命令」
An order the Japan Fair Trade Commission makes under Article 8-4, paragraph (1) where a monopolistic situation (独占的状態) exists, requiring an enterprise to transfer part of its business or take other measures needed to restore competition.
Short name set inArticle 64, 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.