第四十八条の七
When a party who has received a notice pursuant to the provisions of the preceding Article intends to formulate and conduct measures that are necessary in order to ensure that the act that was the reason for suspicion has been ceased, it may create a plan (hereinafter referred to as a "plan for measures to ensure cessation" in this Article and Article 48-9) related to the measures that it intends to conduct (hereinafter referred to as "measures to ensure cessation" in this Article through Article 48-9), submit that plan to the Japan Fair Trade Commission within sixty days after the relevant notice, and apply for approval, pursuant to the provisions of the Rules of the Japan Fair Trade Commission.
The plan for measures to ensure cessation must contain the following:
排除確保措置計画には、次に掲げる事項を記載しなければならない。
the content of the measures to ensure cessation;
排除確保措置の内容
the deadline for conducting the measures to ensure cessation; and
排除確保措置の実施期限
other matters specified by the Rules of the Japan Fair Trade Commission.
その他公正取引委員会規則で定める事項
When there has been an application for approval pursuant to the provisions of Article 48-7, paragraph (1), the Japan Fair Trade Commission is to approve the plan if the Japan Fair Trade Commission finds that the plan for measures to ensure cessation conforms to both of the following items:
the measures to ensure cessation are sufficient for ensuring that the act that was the reason for the suspicion has been ceased; and
排除確保措置が疑いの理由となつた行為が排除されたことを確保するために十分なものであること。
the measures to ensure cessation are expected to be reliably conducted.
排除確保措置が確実に実施されると見込まれるものであること。
The provisions of Article 48-3, paragraph (4) and (5) apply mutatis mutandis to the approval pursuant to the provisions of the preceding paragraph.
第四十八条の三第四項及び第五項の規定は、前項の規定による認定について準用する。
When there has been an application for approval pursuant to the provisions of paragraph (1), the Japan Fair Trade Commission must render a decision to dismiss it if the Japan Fair Trade Commission finds that the plan for measures to ensure cessation does not conform to any of the items of paragraph (3).
The provisions of Article 48-3, paragraphs (4) and (5) apply mutatis mutandis to a decision pursuant to the provisions of the preceding paragraph. In this case, the term "statement of approval" in Article 48-3, paragraphs (4) and (5) is deemed to be replaced with "statement of decision".
第四十八条の三第四項及び第五項の規定は、前項の規定による決定について準用する。この場合において、同条第四項及び第五項中「認定書」とあるのは、「決定書」と読み替えるものとする。
When a party that has received the approval of paragraph (3) intends to change the plan for measures to ensure cessation related to that approval, it must receive approval by the Japan Fair Trade Commission, pursuant to the provisions of the Rules of the Japan Fair Trade Commission.
The provisions of paragraphs (3) to (6) apply mutatis mutandis to approval for changes pursuant to the provisions of the preceding paragraph.
第三項から第六項までの規定は、前項の規定による変更の認定について準用する。
第四十八条の八
The provisions of Article 7, paragraphs (1) and (2) (including when these are applied mutatis mutandis pursuant to Article 8-2, paragraph (2) and Article 20, paragraph (2)), Article 7-2, paragraph (1) (including when these are applied mutatis mutandis pursuant to Article 8-3 following the deemed replacement of terms), Article 7-9, paragraphs (1) and (2), Article 8-2, paragraphs (1) and (3), Article 20, paragraph (1), and Article 20-2 through Article 20-6 do not apply for the act that was the reason for the suspicion related to that approval and the act related to the measures to ensure cessation, if the Japan Fair Trade Commission gave the approval of Article 48-7, paragraph (3) (including approval for changes pursuant to the provisions of Article 48-7, paragraph (7); the same applies in the following Article, Article 65, Article 68, paragraph (2) and Article 76, paragraph (2)) provided, however, that this does not apply if there is a decision pursuant to the provisions of paragraph (1) of the following Article.
第四十八条の九
When either of the following items applies, the Japan Fair Trade Commission must render a decision to rescind the approval of Article 48-7, paragraph (3).
公正取引委員会は、次の各号のいずれかに該当するときは、決定で、第四十八条の七第三項の認定を取り消さなければならない。
when the Japan Fair Trade Commission recognizes that the measures to ensure cessation are not being conducted according to the plan for measures to ensure cessation that received the approval of Article 48-7, paragraph (3); or
第四十八条の七第三項の認定を受けた排除確保措置計画に従つて排除確保措置が実施されていないと認めるとき。
when it has been revealed that the party that received the approval of Article 48-7, paragraph (3) received that approval based on false or wrongful facts.
第四十八条の七第三項の認定を受けた者が虚偽又は不正の事実に基づいて当該認定を受けたことが判明したとき。
The provisions of Article 48-3, paragraphs (4) and (5) apply mutatis mutandis to a decision pursuant to the provisions of the preceding paragraph. In this case, the term "statement of approval" in Article 48-3, paragraphs (4) and (5) is deemed to be replaced with "statement of decision".
第四十八条の三第四項及び第五項の規定は、前項の規定による決定について準用する。この場合において、同条第四項及び第五項中「認定書」とあるのは、「決定書」と読み替えるものとする。
When there has been rescission of the approval of Article 48-7, paragraph (3) pursuant to the provisions of paragraph (1), when that rescission was on or after the date two years before the expiration date of the period stipulated in proviso to Article 7, paragraph (2) (including when these are applied mutatis mutandis pursuant to Article 8-2, paragraph (2) and Article 20, paragraph (2); the same applies hereinafter in this paragraph), an order pursuant to the provisions of Article 7, paragraph (2) (including when these are applied mutatis mutandis pursuant to Article 8-2, paragraph (2) and Article 20, paragraph (2)) or Article 8-2, paragraph (3) may be issued for the act that was the reason for the suspicion related to that approval, notwithstanding the provisions of proviso to Article 7, paragraph (2), also within the two-year period from the date of the decision for that rescission.
The provisions of the preceding paragraph apply mutatis mutandis to an order pursuant to the provisions of Article 7-2, paragraph (1) (including when applied mutatis mutandis following the deemed replacement of terms pursuant to Article 8-3), Article 7-9, paragraph (1) or (2), or Articles 20-2 through 20-6. In this case, the phrase "proviso to Article 7, paragraph (2) (including when these are applied mutatis mutandis pursuant to Article 8-2, paragraph (2) and Article 20, paragraph (2)" in the preceding paragraph is deemed to be replaced with "Article 7-8, paragraph (6) (including when these are applied mutatis mutandis pursuant to Article 7-9, paragraph (3) and Article 8-3 and when they are applied mutatis mutandis following the deemed replacement of terms pursuant to Article 7-9, paragraph (4) and Article 20-7", and the phrase "the provisions of proviso to Article 7, paragraph (2)" with "the provisions of Article 7-8, paragraph (6)".
第四十九条
If the Japan Fair Trade Commission seeks to issue an order pursuant to the provisions of Article 7, paragraph (1) or (2) (including when they are applied mutatis mutandis pursuant to 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) (hereinafter referred to as a "cease and desist order"), it must conduct a hearing of opinions with the would-be addressee of the cease and desist order.
第五十条
In a hearing set forth in the preceding Article, the Japan Fair Trade Commission must notify the would-be addressee of the cease and desist order of the following matters in writing, by a reasonable period of time prior to the date of hearing:
the expected contents of the cease and desist order;
予定される排除措置命令の内容
the facts found by the Japan Fair Trade Commission, and the application of laws and regulations thereto;
公正取引委員会の認定した事実及びこれに対する法令の適用
the date and place of hearing; and
意見聴取の期日及び場所
the name and location of the organization which has jurisdiction over affairs relating to hearing.
意見聴取に関する事務を所掌する組織の名称及び所在地
The written notice set forth in the preceding paragraph must inform the following matters:
前項の書面においては、次に掲げる事項を教示しなければならない。
that the would-be addressee of the cease and desist order may state their opinions and submit evidence on the date of hearing or submit a written statement and evidence instead of appearance on the date of hearing; and
意見聴取の期日に出頭して意見を述べ、及び証拠を提出し、又は意見聴取の期日への出頭に代えて陳述書及び証拠を提出することができること。
that the would-be addressee of the cease and desist order, may request inspection and a copy of evidence pursuant to the provisions of Article 52 until the conclusion of the hearing.
意見聴取が終結する時までの間、第五十二条の規定による証拠の閲覧又は謄写を求めることができること。
第五十一条
The person who has received the notice set forth in paragraph (1) of the preceding Article (hereinafter referred to as the "party" in this Section) may appoint agents.
前条第一項の規定による通知を受けた者(以下この節において「当事者」という。)は、代理人を選任することができる。
第五十二条
Between the time when notice of a hearing is given pursuant to Article 50, paragraph (1) and the time when the hearing is concluded, the party may submit a request to the Japan Fair Trade Commission to inspect or copy the evidence proving the facts found by the Japan Fair Trade Commission with respect to the case for hearing (as for copy, only limited to evidence prescribed by the Rules of the Japan Fair Trade Commission as one that was submitted by the relevant party or its employees or that records the statements of the relevant party or its employees; hereinafter the same applies in this Article). In this case, the Japan Fair Trade Commission may not refuse the inspection or copy unless this is likely to infringe on the interests of a third party or unless there are any other justifiable grounds.
The provisions of the preceding paragraph do not preclude the party from further requesting inspection or copy of the evidence, which becomes necessary in the course of the procedures for hearing.
The Japan Fair Trade Commission may designate the date, time and place for inspection or copy set forth in the preceding two paragraphs.
公正取引委員会は、前二項の閲覧又は謄写について日時及び場所を指定することができる。
第五十三条
The procedures for hearing is presided by the staff member designated by the Japan Fair Trade Commission for each case (hereinafter referred to as the "designated staff member").
意見聴取は、公正取引委員会が事件ごとに指定するその職員(以下「指定職員」という。)が主宰する。
The Japan Fair Trade Commission may not designate any staff member who performed the duties of an investigator with respect to the case pursuant to the preceding paragraph and any other staff members who conducted the administrative affairs pertaining to investigations into the relevant case as the presiding staff member for hearing.
公正取引委員会は、前項に規定する事件について審査官の職務を行つたことのある職員その他の当該事件の調査に関する事務に従事したことのある職員を意見聴取を主宰する職員として指定することができない。
第五十四条
The designated staff member must have the investigators designated pursuant to Article 47, paragraph (2) with respect to the case for which the procedures for hearing must be taken and any other staff members who conducted the administrative affairs pertaining to investigations into the relevant case (in the following paragraph and paragraph (3), and Article 56, paragraph (1), referred to as the "investigators, etc.") explain to the party appearing on the date of hearing the expected content of the cease and desist order, the facts found by the Japan Fair Trade Commission and major evidence among those provided for Article 52, paragraph (1), and the application of laws and regulations to the facts found by the Japan Fair Trade Commission at the outset of the first date of the hearing.
The party may appear on the date of hearing, state their opinions and submit evidence and also address questions to the investigators, etc. with the permission of the designated staff member.
When the designated staff member finds it necessary on the date of hearing, the designated staff member may address questions to parties, call upon them to state their opinions or submit evidence or request explanation from the investigators, etc.
The proceedings on the date of hearing is not open to the public.
意見聴取の期日における意見聴取は、公開しない。
第五十五条
The party may submit written statements and evidence to a designated staff member on or before the date of hearing instead of appearing on the date of hearing.
第五十六条
The designated staff member may assign a date for continuation when it is found necessary to continue the hearing as a result of the statement of opinions, submission of evidence, and questions by the party, and explanation by the investigators, etc., (in Article 58, paragraphs (1) and (2), referred to as the "statements, etc. by the party").
In the case referred to in the preceding paragraph, the party must be given, in advance, notice in writing of the date and the location of the next hearing provided, however, that it would be sufficient to notify the party who appeared on the date of hearing of the above matters which is made on the date of hearing.
measures to ensure cessationmachine translation
「排除確保措置」
In Articles 48-7 to 48-9, the measures that a person notified under Article 48-6 of a suspected violation draws up itself and intends to carry out to ensure that the act that gave rise to the suspicion has ended.
Short name set inArticle 48-7, paragraph (1)· applies only in this article and in Articles 48-8 and 48-9
plan for measures to ensure cessationmachine translation
「排除確保措置計画」
In Articles 48-7 and 48-9, the plan for measures to ensure cessation (排除確保措置) that a person notified under Article 48-6 of a suspected violation draws up and submits to the Japan Fair Trade Commission within 60 days of the notice, applying for its approval.
Short name set inArticle 48-7, paragraph (1)· applies only in this article and in Article 48-9
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)
party
「当事者」
In Section 2 of Chapter 8, a person who has received the notice under Article 50, paragraph (1) of a hearing (意見聴取) on a cease and desist order (排除措置命令) the Japan Fair Trade Commission intends to make against it.
Short name set inArticle 51, paragraph (1)· applies only in this section
designated staff member
「指定職員」
The Japan Fair Trade Commission staff member whom the Commission designates for each case to preside over the hearing (意見聴取).
Short name set inArticle 53, paragraph (1)
investigators, etc.
「審査官等」
In Articles 54 and 56, the investigator (審査官) designated under Article 47, paragraph (2) for the case on which a hearing (意見聴取) is held, together with the other staff who worked on investigating it.
Short name set inArticle 54, paragraph (1)· applies only in this provision and in Article 54, paragraphs (2) and (3); and Article 56, paragraph (1)
statements, etc. by the party
「当事者による意見陳述等」
In Article 56, paragraph (1) and Article 58, paragraphs (1) and (2), the statements of opinion, submission of evidence and questions by the party (当事者) at a hearing (意見聴取), together with the explanation given by the investigators, etc. (審査官等).
Short name set inArticle 56, paragraph (1)· applies only in this provision and in Article 58, paragraphs (1) and (2)
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.