第七条の五
When the Japan Fair Trade Commission receives the application for consultation regarding the acts listed in the following items from an enterprise that reports facts and submits materials regarding the facts pursuant to the provisions of Article 7-4, paragraph (2), items (i) through (iv) or paragraph (3), item (i) or (ii) (hereinafter referred to in this Article as an "enterprise that made a report and submission"), the Japan Fair Trade Commission is to confer with the enterprise that made a report and submission, and may enter into an agreement on the acts of the enterprise that made a report and submission listed in item (i) below and the acts of the Japan Fair Trade Commission listed in item (ii) below with the enterprise that made a report and submission, pursuant to the provisions of the Rules of the Japan Fair Trade Commission, taking into consideration the content of the fact pertaining to the matters provided in the Rules of the Japan Fair Trade Commission as those contributing to revealing the truth of the case which are obtained from the reported facts or submitted materials or expected to be obtained from the facts or materials reported or submitted by the acts listed in item (i) below or other circumstances:
公正取引委員会は、前条第二項第一号から第四号まで又は第三項第一号若しくは第二号に規定する事実の報告及び資料の提出を行つた事業者（以下この条において「報告等事業者」という。）から次の各号に掲げる行為についての協議の申出があつたときは、報告等事業者との間で協議を行うものとし、当該事実及び資料により得られ、並びに第一号に掲げる行為により報告し、又は提出する事実又は資料により得られることが見込まれる事件の真相の解明に資するものとして公正取引委員会規則で定める事項に係る事実の内容その他の事情を考慮して、公正取引委員会規則で定めるところにより、報告等事業者との間で、報告等事業者が同号に掲げる行為をし、かつ、公正取引委員会が第二号に掲げる行為をすることを内容とする合意をすることができる。
the following acts:
次に掲げる行為
reporting the facts or submitting the materials which the enterprise that made a report and submission offered, in the consultation, to report or submit to the Japan Fair Trade Commission immediately after the agreement;
当該協議において、公正取引委員会に対し、報告し、又は提出する旨の申出を行つた事実又は資料を当該合意後直ちに報告し、又は提出すること。
reporting the facts, submitting the materials, or consenting to the inspection of the materials of the enterprise that made a report and submission by the Japan Fair Trade Commission (referred to simply as "inspection" in (c) below and in (b) of item (i) of the following paragraph) or conducting other acts at the request of the Japan Fair Trade Commission, regarding the facts or materials obtained from the report of the facts and submission of the materials provided in Article 7-4, paragraph (2), items (i) through (iv) or paragraph (3), item (i) or (ii), or from the acts listed in (a); or
前条第二項第一号から第四号まで若しくは第三項第一号若しくは第二号に規定する事実の報告及び資料の提出又はイに掲げる行為により得られた事実又は資料に関し、公正取引委員会の求めに応じ、事実の報告、資料の提出、公正取引委員会による報告等事業者の物件の検査（ハ及び次項第一号ロにおいて単に「検査」という。）の承諾その他の行為を行うこと。
reporting the facts, submitting the materials, or consenting to the inspection, or conducting other acts, at the request of the Japan Fair Trade Commission, regarding the facts revealed by the investigation of the Japan Fair Trade Commission;
公正取引委員会による調査により判明した事実に関し、公正取引委員会の求めに応じ、事実の報告、資料の提出、検査の承諾その他の行為を行うこと。
reducing the amount gained by multiplication of a rate specified in the relevant agreement (referred to as the "specified rate" in item (ii) of the following paragraph and paragraph (3)) from the surcharge before reduction within the scope of rates provided in (a) or (b) below (referred to as the "upper limit rate" in item (ii) of the following paragraph) according to the category of the enterprises listed in (a) or (b) below:
the enterprise that reported facts and submitted materials regarding the facts provided in items (i) through (iv) of paragraph (2) of the preceding Article: not more than forty percent; or
前条第二項第一号から第四号までに規定する事実の報告及び資料の提出を行つた事業者 百分の四十以下
the enterprise that reported facts and submitted materials regarding the facts provided in item (i) or (ii) of paragraph (3) of the preceding Article: not more than twenty percent.
If the facts or materials obtained from acts listed in item (i) of the preceding paragraph, explained by the enterprise that made a report and submission in the consultation in the paragraph are necessary for prompt revealing the truth of the case, and the enterprise that made a report and submission is found to be likely to ascertain new facts or materials regarding the relevant case which are related to the facts with respect to the matters provided in the Rules of the Japan Fair Trade Commission in paragraph (1) after the agreement set forth in the paragraph, when the existence of conditions are found where a certain period is necessary for the report or submission of the new facts or materials, the Japan Fair Trade Commission may request, in the consultation, the enterprise that made a report and submission to make the agreement in which the enterprise that made a report and submission conducts the acts listed in item (i) below in addition to the acts listed in item (i) of the preceding paragraph, and the Japan Fair Trade Commission conducts the acts listed in item (ii) below instead of the acts listed in item (ii) of the preceding paragraph:
公正取引委員会は、前項の協議において報告等事業者により説明された同項第一号に掲げる行為により得られる事実又は資料が事件の真相の迅速な解明に必要であることに加えて、報告等事業者が同項の合意後に当該事件についての新たな事実又は資料であつて同項の公正取引委員会規則で定める事項に係る事実に係るものを把握する蓋然性が高いと認められる場合において、当該新たな事実又は資料の報告又は提出に当該合意後一定の期間を要する事情があると認めるときは、報告等事業者に対し、当該協議において、報告等事業者が同号に掲げる行為に加えて第一号に掲げる行為をすることを当該合意の内容に含めるとともに、公正取引委員会が同項第二号に掲げる行為をすることに代えて第二号に掲げる行為をすることを当該合意の内容とするよう求めることができる。
the following acts:
次に掲げる行為
reporting the new facts or submitting the new materials to the Japan Fair Trade Commission immediately when the new facts or materials are ascertained after the agreement; or
当該合意後、当該新たな事実又は資料を把握したときは、直ちに、公正取引委員会に当該新たな事実又は資料の報告又は提出を行うこと。
reporting the facts, submitting the materials, or consenting to the inspection, or conducting other acts, at the request of the Japan Fair Trade Commission, regarding the facts or materials obtained from the acts listed in (a);
イに掲げる行為により得られた事実又は資料に関し、公正取引委員会の求めに応じ、事実の報告、資料の提出、検査の承諾その他の行為を行うこと。
reducing from the surcharge before reduction, a surcharge before reduction multiplied by the rate decided by the Japan Fair Trade Commission based on its assessment of the contents of the facts relevant to the matters provided in the Rules of the Japan Fair Trade Commission set forth in the previous paragraph obtained from the acts (referred to as the "after assessment rate" in the following paragraph and paragraph (5)), within the scope of a specified rate as the lower limit, and the upper limit which is the specified rate plus the rate stipulated in the agreement pursuant to the provisions in the Rules of the Japan Fair Trade Commission for the acts listed in the preceding item by the enterprise that made a report and submission (limited to the rate not exceeding upper limit rate) as the rate which the Japan Fair Trade Commission may further reduce the surcharge before reduction.
In cases under Article 7-2, paragraph (1), when there is an agreement set forth in paragraph (1) (including the agreement which contains the engagement in the acts listed in each of the items in the preceding paragraph; the same applies in this Article and the following Article), the Japan Fair Trade Commission is to reduce from the surcharge before reduction the sum of the amount to be reduced pursuant to paragraph (2) or (3) of the preceding Article and the surcharge before reduction multiplied by the specified rate or the after assessment rate according to the contents of the agreement.
The agreement set forth in paragraph (1) is to be concluded with its contents clarified in writing on which the Japan Fair Trade Commission and the enterprise that made a report and submission sign or register and seal.
If the agreement set forth in paragraph (1) which contains the engagement in the acts listed in item (ii) of paragraph (2) is to be concluded, the Japan Fair Trade Commission is to state the method of the assessment and the decision of the after assessment rate in the writing set forth in the preceding paragraph.
In the consultation set forth in paragraph (1), the Japan Fair Trade Commission may request the enterprise that made a report and submission to explain an overview of the facts or materials that it may report or submit through the acts listed in paragraph (1), item (i) (a).
If the agreement set forth in paragraph (1) is not reached (excluding the cases where the enterprise that made a report and submission does not respond to the request set forth in paragraph (2) and the agreement which contains only an engagement in the acts listed in each of the items of paragraph (1) was reached), the Japan Fair Trade Commission may not use the documents and other materials that record the explanation by the enterprise that made a report and submission at the consultation set forth in paragraph (1) as evidence.
The necessary procedures regarding the consultation set forth in paragraph (1) such as the deadline for application of consultation is prescribed by the Rules of the Japan Fair Trade Commission.
協議の申出の期限その他の第一項の協議に関し必要な手続は、公正取引委員会規則で定める。
The enterprise that made a report and submission may appoint an agent (limited to an attorney or legal professional corporation; referred to as a "specified agent" in the following paragraph and paragraph (11)) at the time of the consultation set forth in paragraph (1).
The Japan Fair Trade Commission is to inform the enterprise that made a report and submission in writing that a specified agent may be appointed at the time of the consultation set forth in paragraph (1).
With respect to the application of the provisions of paragraphs (1) and (4) when the enterprise that made a report and submission appoints a specified agent pursuant to the provisions of paragraph (9), the term "confer with the enterprise that made a report and submission" in paragraph (1) is deemed to be replaced with "confer with the enterprise that made a report and submission or a specified agent (meaning the specified agent as provided in paragraph (9); the same applies in paragraph (4))", and the term "and the enterprise that made a report and submission" in paragraph (4) is deemed to be replaced with ", the enterprise that made a report and submission and the specified agent".
第七条の六
If the Japan Fair Trade Commission finds that a fact falling under any of the following items exists before issuing an order pursuant to the provisions of Article 7-2, paragraph (1) or a notice pursuant to the provisions of Article 7-4, paragraph (7) to an enterprise that reported facts and submitted materials regarding the fact pursuant to the provisions of Article 7-4, paragraph (1), item (i), paragraph (2), items (i) through (iv), or paragraph (3), item (i) or (ii), these provisions do not apply, notwithstanding the provisions of paragraphs (1) through (3) of the article and paragraph (3) of the preceding Article:
公正取引委員会が、第七条の四第一項第一号、第二項第一号から第四号まで又は第三項第一号若しくは第二号に規定する事実の報告及び資料の提出を行つた事業者に対し第七条の二第一項の規定による命令又は第七条の四第七項の規定による通知をするまでの間に、次の各号のいずれかに該当する事実があると認めるときは、同条第一項から第三項まで及び前条第三項の規定にかかわらず、これらの規定は、適用しない。
that the facts reported or materials submitted by the enterprise (meaning the enterprise and any one or more other enterprises that reported the facts and submitted the materials jointly with the enterprise, if the relevant enterprise is the person who reported the facts and submitted the materials pursuant to the provisions of Article 7-4, paragraph (4); the same applies from this item through item (iii).), or the facts or materials obtained from the acts listed in Article 7-5, paragraph (1), item (i) or paragraph (2), item (i) engaged by the enterprise, contained false information;
that the enterprise (limited to the enterprise that reported facts and submitted materials regarding the facts pursuant to the provisions of Article 7-4, paragraph (1), item (i)) failed to report facts or submit materials, or reported false facts or submitted false materials in response to the request pursuant to the provisions of paragraph (6) of the article;
当該事業者（第七条の四第一項第一号に規定する事実の報告及び資料の提出を行つた事業者に限る。）が、同条第六項の規定による求めに対し、事実の報告若しくは資料の提出をせず、又は虚偽の事実の報告若しくは資料の提出をしたこと。
that the enterprise (limited to the enterprise that reported facts and submitted materials regarding the facts pursuant to the provisions of Article 7-4, paragraph (2), items (i) through (iv) or paragraph (3), item (i) or (ii)) reported false facts or submitted false materials in response to the request pursuant to the provisions in paragraph (6) of the article;
当該事業者（第七条の四第二項第一号から第四号まで又は第三項第一号若しくは第二号に規定する事実の報告及び資料の提出を行つた事業者に限る。）が、同条第六項の規定による求めに対し、虚偽の事実の報告又は資料の提出をしたこと。
that, in the case concerned with the violation committed by the relevant enterprise, the enterprise coerced another enterprise (limited to one other than the relevant enterprise and other than any other enterprise that reported the facts and submitted the materials jointly with the enterprise if the enterprise is the person that reported the facts and submitted the materials pursuant to the provisions of Article 7-4, paragraph (4) among the enterprises and any other one or more enterprises that reported the facts and submitted the materials jointly with the enterprise; the same applies in this item) to commit the violation provided in Article 7-2, paragraph (1) or blocked another enterprise from discontinuing the relevant violation;
that the enterprise blocked another enterprise (limited to one other than the relevant enterprise and other than any other enterprise that reported the facts and submitted the materials jointly with the enterprise if the enterprise is the person that reported the facts and submitted the materials pursuant to the provisions of Article 7-4, paragraph (4), among the enterprise and any other one or more enterprises that reported the facts and submitted the materials jointly with the enterprise) from reporting facts and submitting materials regarding the fact pursuant to the provisions of Article 7-4, paragraph (1), item (i), paragraph (2), items (i) through (iv), or paragraph (3), item (i) or (ii) or applying for the consultation provided in paragraph (1) of the preceding Article;
that the enterprise disclosed to a third party (limited to one other than the relevant enterprise and other than any one or more enterprises that reported the facts and submitted the materials jointly with the enterprise if the enterprise is the person that reported the facts and submitted the materials pursuant to the provisions of Article 7-4, paragraph (4) among the enterprise and any other one or more enterprises that reported the facts and submitted the materials jointly with the enterprise), without justifiable grounds, the fact that the enterprise reported the facts and submitted the materials regarding the fact pursuant to the provisions of Article 7-4, paragraph (1), item (i), paragraph (2), items (i) through (iv), or paragraph (3), item (i) or (ii) or concluded the agreement or conducted the consultation set forth in paragraph (1) of the preceding Article; or
当該事業者が、正当な理由なく、第七条の四第一項第一号、第二項第一号から第四号まで若しくは第三項第一号若しくは第二号に規定する事実の報告及び資料の提出を行つた旨又は前条第一項の合意若しくは協議を行つた旨を第三者に対し（当該事業者が第七条の四第四項に規定する事実の報告及び資料の提出を行つた者であるときは、当該事業者及び当該事業者と共同して当該事実の報告及び資料の提出を行つた他の事業者のうちいずれか一以上の事業者が、当該事業者及び当該事業者と共同して当該事実の報告及び資料の提出を行つた他の事業者以外の者に対し）明らかにしたこと。
that the enterprise, in violation of the agreement set forth in paragraph (1) of the preceding Article, failed to conduct the acts relevant to the agreement.
第七条の七
In the case under Article 7-2, paragraph (1), if there is a final and binding decision to impose a fine on the same case on the relevant enterprise, instead of the amount calculated pursuant to the provisions of the Article, Article 7-3, Article 7-4, paragraph (2) or (3), or Article 7-5, paragraph (3), the Japan Fair Trade Commission is to deduct from the relevant amount the amount equivalent to one-half of the amount of the relevant fine provided, however, that this does not apply if the surcharge amount calculated pursuant to the provisions of Article 7-2, Article 7-3, Article 7-4, paragraph (2) or (3), or Article 7-5, paragraph (3) does not exceed the amount equivalent to one-half of the amount of the relevant fine, or if the surcharge amount after the relevant deduction is less than one million yen.
In the case under the proviso to the preceding paragraph, the Japan Fair Trade Commission may not order payment of a surcharge.
前項ただし書の場合においては、公正取引委員会は、課徴金の納付を命ずることができない。
If the Japan Fair Trade Commission does not order payment of a surcharge pursuant to the provisions of the preceding paragraph, it is to notify the fined enterprise to that effect in writing upon issuing an order pursuant to the provisions of Article 7-2, paragraph (1) to the enterprise other than the relevant enterprises regarding the case concerned with the violation provided in Article 7-2, paragraph (1), committed by the relevant enterprise (by the deadline provided for in the Rules of the Japan Fair Trade Commission if the Japan Fair Trade Commission does not issue the order).
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
surcharge before reductionmachine translation
「減算前課徴金額」
In Articles 7-4 and 7-5, the surcharge (課徴金) calculated under Articles 7-2 and 7-3, before it is reduced for an enterprise that reported facts and submitted materials to the Japan Fair Trade Commission.
Defined inArticle 7-4, paragraph (2)· applies only in this article and in Article 7-5
enterprise that made a report and submission
「報告等事業者」
In Article 7-5, an enterprise that has reported facts and submitted materials to the Japan Fair Trade Commission under Article 7-4, paragraph (2), items (i) to (iv) or paragraph (3), item (i) or (ii), and so may ask to consult on an agreement to cooperate further with the investigation in return for a reduced surcharge (課徴金).
Short name set inArticle 7-5, paragraph (1)· applies only in this article
inspection
「検査」
In Article 177-3, the Prime Minister's inspection of articles (物件) belonging to a reporting person (報告者) — one who has reported facts about an administrative monetary penalty (課徴金) case — which that person agrees to under a cooperation agreement on the case.
Short name set inArticle 7-5, paragraph (1), item (i), (b)· applies only in this provision and in Article 7-5, paragraph (1), item (i), (c); and Article 7-5, paragraph (2), item (i), (b)
upper limit rate
「上限割合」
Under Article 7-5, the cap on the rate by which an agreement with the Japan Fair Trade Commission may reduce an enterprise's surcharge (課徴金): 40% for an enterprise that reported under Article 7-4, paragraph (2), items (i) to (iv), and 20% for one that reported under Article 7-4, paragraph (3), item (i) or (ii).
Short name set inArticle 7-5, paragraph (1), item (ii)· applies only in this provision and in Article 7-5, paragraph (2), item (ii)
specified rate
「特定割合」
In Article 177-3, paragraph (1), item (ii) and paragraph (2), item (ii), and Article 185-7, paragraph (23), items (ii) and (iii), the ratio of no more than 30 percent that a cooperation agreement between the Prime Minister and a reporting person (報告者) sets for reducing the administrative monetary penalty (課徴金) before reduction.
Short name set inArticle 7-5, paragraph (1), item (ii)· applies only in this provision and in Article 7-5, paragraph (2), item (ii); and Article 7-5, paragraph (3)
after assessment rate
「評価後割合」
In Article 177-3, paragraphs (2) and (4) and Article 185-7, paragraph (23), items (ii) and (iii), the rate by which an administrative monetary penalty before reduction (減算前課徴金額) is cut under an agreement with a reporting person (報告者) who undertakes to report new facts or materials after it; the Prime Minister decides it by evaluating what those reports reveal, no lower than the specified rate (特定割合) agreed and no higher than that rate plus an additional rate set in the agreement, and never above 30 percent.
Short name set inArticle 7-5, paragraph (2), item (ii)· applies only in this provision and in Article 7-5, paragraphs (3) and (5)
specified agent
「特定代理人」
In Article 7-5, an agent, who must be an attorney (弁護士) or a legal professional corporation (弁護士法人), whom an enterprise that made a report and submission (報告等事業者) appoints under paragraph (9) for its consultations with the Japan Fair Trade Commission on a cooperation agreement.
Short name set inArticle 7-5, paragraph (9)· applies only in this provision and in Article 7-5, paragraphs (10) and (11)
specified agent
「特定代理人」
In Article 7-5, an agent, who must be an attorney (弁護士) or a legal professional corporation (弁護士法人), whom an enterprise that made a report and submission (報告等事業者) appoints under paragraph (9) for its consultations with the Japan Fair Trade Commission on a cooperation agreement.
Defined inArticle 7-5, paragraph (11)· applies only in this provision and in Article 7-5, paragraph (4)
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.
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.