When an act in violation of the provisions of the preceding Article occurs, pursuant to the procedures provided for in Section 2 of Chapter VIII, the Japan Fair Trade Commission may order the relevant trade association to cease and desist the relevant act, to dissolve, or to take any other measures necessary to eliminate the relevant act.
The provisions of Article 7, paragraph (2) apply mutatis mutandis to any act in violation of the provisions of the preceding Article.
When the Japan Fair Trade Commission orders a trade association to take measures provided in paragraph (1) or Article 7, paragraph (2) as applied mutatis mutandis pursuant to the preceding paragraph, if the Japan Fair Trade Commission finds it to be particularly necessary, pursuant to the procedures as provided in Section 2 of Chapter VIII, it may order an officer, manager, or constituent enterprise (including the relevant enterprise if an officer, employee, agent, or any other person acting for the benefit of an enterprise is a constituent enterprise; the same applies in Article 26, paragraph (1)) of the relevant association to also take measures necessary to ensure the measures provided in paragraph (1) or Article 7, paragraph (2) as applied mutatis mutandis pursuant to the preceding paragraph.
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
trade association
「事業者団体」
A combination of two or more business operators (事業者), or a federation of such combinations, whose main purpose is to advance their common interests as business operators, including associations, foundations and partnerships of the kinds Article 2, paragraph (2) lists, but not one that has capital or contributions from its members and mainly carries on, and actually carries on, a business for profit.
Defined inArticle 2, paragraph (2)· applies throughout the law
officer
「役員」
A board member (理事), director (取締役), executive officer (執行役), member who executes the business (業務を執行する社員), auditor (監事 or 監査役) or a person equivalent to any of these, a manager (支配人), or the person in charge of the business of a head office or branch office.
Defined inArticle 2, paragraph (3)· applies throughout the law
constituent enterprise
「構成事業者」
A business operator (事業者) that is a member of a trade association (事業者団体).
Defined inArticle 8, paragraph (1), item (iv)
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.