A person who falls under any of the following items is punished by imprisonment for not more than two years or by a fine of not more than three million yen:
次の各号のいずれかに該当するものは、二年以下の拘禁刑又は三百万円以下の罰金に処する。
a person who, in violation of the provisions of Article 6 or Article 8, item (ii) has entered into an international agreement, or an international contract which contains the matters which fall under unreasonable restraint of trade;
a person who violated the provisions of Article 8, item (iii) or (iv); or
a person who fails to comply with a cease and desist order or a competition restoration order after it has become final and binding.
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unreasonable restraint of trade
「不当な取引制限」
An enterprise (事業者), by contract, agreement or any other means, acting together with other enterprises to fix, maintain or raise prices or to limit quantities, technology, products, facilities or business partners, so that they mutually restrict or carry on their business activities and, contrary to the public interest, substantially restrain competition in a particular field of trade.
Defined inArticle 2, paragraph (6)· applies throughout the law
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)
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)
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.