Chapter III-2 Monopolistic Situations
第三章の二 独占的状態
第八条の四
When a monopolistic situation exists, the Japan Fair Trade Commission may order the relevant enterprise, pursuant to the procedures as provided in Section 2 of Chapter VIII, to transfer a part of its business or to take any other measures necessary to restore competition with respect to the relevant goods or services provided, however, that this does not apply if it is found that the measures may reduce the scale of business in relation to the relevant enterprise to such an extent that the expenses required for the supply of goods or services that the enterprise supplies will rise sharply, undermine its financial position, or make it difficult to maintain its international competitiveness, or if alternative measures that are found to be sufficient for restoring competition with respect to the relevant goods or services can be taken.
In issuing an order pursuant to the preceding paragraph, the Japan Fair Trade Commission must give consideration, based on the matters listed in the following items, to the smooth operation of business activities by the relevant enterprise and enterprise affiliated therewith and the stabilization of life of those employed by the relevant enterprise:
situations of assets, income and expenditures, and other aspects of accounting
資産及び収支その他の経理の状況
location and other locational conditions of factories, workplaces, and offices
工場、事業場及び事務所の位置その他の立地条件
situations of facilities and equipment for the business;
事業設備の状況
the substance of patent rights, trademark rights, and intellectual property rights, and other technological features;
特許権、商標権その他の無体財産権の内容及び技術上の特質
capacity for and situations of production, sales, etc.;
生産、販売等の能力及び状況
capacity for and situations of funding and acquisition of raw materials, etc.; and
資金、原材料等の取得の能力及び状況
situations of supply and distribution of goods or services.
商品又は役務の供給及び流通の状況
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
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
competition
「競争」
The state in which two or more enterprises (事業者), within the normal scope of their business and without significant change to its facilities or form, supply the same or similar goods or services to the same buyers, or are supplied with them by the same suppliers, or could do so.
Defined inArticle 2, paragraph (4)· applies throughout the law
monopolistic situation
「独占的状態」
A situation in a particular field of business where the goods of a kind (with goods closely similar in function and use) or the services supplied in Japan total more than 100 billion yen, after taxes, in a recent one-year period set by Cabinet Order (政令), one enterprise holds more than half of the field or two together hold more than three quarters, new entry is extremely difficult, and prices have for a considerable time risen sharply or barely fallen while the enterprise earns profits far above its industry's standard or spends excessively on selling and general administrative expenses.
Defined inArticle 2, paragraph (7)· applies throughout the law
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.