The Japan Fair Trade Commission may make service by publication in the following cases:
公正取引委員会は、次に掲げる場合には、公示送達をすることができる。
if the domicile, residence or other place where the would-be service recipient should be served is unknown; or
送達を受けるべき者の住所、居所その他送達をすべき場所が知れない場合
for service that should be made in a foreign country, if the provisions of Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding Article following the deemed replacement of terms cannot be applied, or if it is recognized that service cannot be made based on the provisions.
if documents certifying that service was made are not received, after the lapse of six months from the date on which a competent foreign government agency was commissioned to make service pursuant to the provisions of Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding Article following the deemed replacement of terms.
Service by publication is made by making it possible for an unspecified number of people to inspect the fact that the documents to be served are to be delivered at any time to the person who is to be served, by a method prescribed by the Rules of the Japan Fair Trade Commission, and also by posting a document stating that fact on the posting area of the Japan Fair Trade Commission, or by taking measures to make it possible for a person to inspect a display of that fact on the screen of a computer installed in the office of the Japan Fair Trade Commission.
公示送達は、送達すべき書類を送達を受けるべき者にいつでも交付すべき旨を公正取引委員会規則で定める方法により不特定多数の者が閲覧することができる状態に置くとともに、その旨が記載された書面を公正取引委員会の掲示場に掲示し、又はその旨を公正取引委員会の事務所に設置した電子計算機の映像面に表示したものの閲覧をすることができる状態に置く措置をとることにより行う。
Service by publication takes effect after two weeks from the date on which the measures under the provisions of the preceding paragraph began.
公示送達は、前項の規定による措置を開始した日から二週間を経過することによつて、その効力を生ずる。
Regarding service by publication in lieu of service to be made in a foreign country, the time period set forth in the preceding paragraph is six weeks.
外国においてすべき送達についてした公示送達にあつては、前項の期間は、六週間とする。
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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.