第五十七条
When the party fails to appear on the date of a hearing without justifiable grounds and to submit written statements or evidence pursuant to Article 55, the designated staff member may conclude the hearing without giving any further opportunity for the party to state its opinions and submit evidence.
Beyond the case pursuant to the preceding paragraph, when the party fails to appear on the date of the hearing and does not submit written statements or evidence pursuant to Article 55, and when the party is not expected to appear on a date for hearing for a considerable period of time, the designated staff member may ask submission of written statements and evidence of them with the due date, and conclude the hearing when the due date falls.
第五十八条
The designated staff member is to prepare a record of the proceedings of the statement of opinions by the party, etc. on the date of hearing and the record must clearly indicate the outline of the statements raised by the party concerned with respect to the matters listed in Article 50, paragraph (1), items (i) and (ii).
指定職員は、意見聴取の期日における当事者による意見陳述等の経過を記載した調書を作成し、当該調書において、第五十条第一項第一号及び第二号に掲げる事項に対する当事者の陳述の要旨を明らかにしておかなければならない。
The record set forth in the preceding paragraph must be prepared on each date of the hearing when the statement, etc. by the party is conducted, and when the statement, etc. by the party is not conducted, promptly after the hearing is concluded.
前項に規定する調書は、意見聴取の期日における当事者による意見陳述等が行われた場合には各期日ごとに、当該当事者による意見陳述等が行われなかつた場合には意見聴取の終結後速やかに作成しなければならない。
The record pursuant to paragraph (1) must be accompanied by the evidence submitted (the written statements and evidence submitted, when written statements and evidence are submitted pursuant to Article 55).
Promptly after the hearing is concluded, the designated staff member must identify the issues of the case for a hearing, prepare a written report containing the relevant issues, and submit it to the Japan Fair Trade Commission together with the record pursuant to paragraph (1).
Parties concerned may demand inspection of the record pursuant to paragraph (1) and the written report pursuant to the preceding paragraph.
第五十九条
When it finds necessary in light of the circumstances arising after conclusion of the hearing, the Japan Fair Trade Commission may, order the designated staff member to reopen a hearing by returning to the designated staff member the report submitted pursuant to paragraph (4) of the preceding Article.
The provisions of the main clause of Article 56, paragraph (2) apply mutatis mutandis to the case of the preceding paragraph.
第六十条
In making a resolution pertaining to the cease and desist order, the Japan Fair Trade Commission must do so only after careful consideration of the contents of the record pursuant to Article 58, paragraph (1) and the report pursuant to Article 58, paragraph (4).
第六十一条
A cease and desist order must be rendered in writing, and the written cease and desist order is to indicate the measures necessary to eliminate the violation or to ensure that the violation is eliminated, and the facts found by the Japan Fair Trade Commission and the application of laws and regulations thereto, and the Chair and Commissioners who attended the meeting pursuant to the provisions of Article 65, paragraph (1) must affix their names and seals thereto.
A cease and desist order is to take effect by serving a copy of the written cease and desist order to the addressee.
排除措置命令は、その名あて人に排除措置命令書の謄本を送達することによつて、その効力を生ずる。
第六十二条
An order issued pursuant to the provisions of 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, paragraph (1) or (2), or Articles 20-2 through 20-6 (hereinafter referred to as a "payment order") must be rendered in writing, and the written payment order for a surcharge is to state the amount of the surcharge to be paid, the basis of its calculation, the violation to which it pertains, and the time limit for payment, and the Chair, and Commissioners who attended the meeting pursuant to the provisions of Article 65, paragraph (1) must affix their names and seals thereto.
A payment order is to take effect upon service of a copy of the written payment order for a surcharge on the addressee.
納付命令は、その名宛人に課徴金納付命令書の謄本を送達することによつて、その効力を生ずる。
The time limit for payment of the surcharge set forth in paragraph (1) is to fall on the day on which seven months have elapsed from the day on which the copy of the written payment order for a surcharge is issued.
第一項の課徴金の納期限は、課徴金納付命令書の謄本を発する日から七月を経過した日とする。
The provisions of Articles 49 through 60 apply mutatis mutandis to the payment order. In this case, in Article 50, paragraph (1), item (i), the term "the expected contents of the cease and desist order" is deemed to be replaced with "amount of the surcharge intended to be ordered to be paid"; the term "the facts found by the Japan Fair Trade Commission, and the application of laws and regulations thereto" in item (ii) of the paragraph and the term "the facts found by the Japan Fair Trade Commission" in Article 52, paragraph (1) is deemed to be replaced with "the basis of calculation of the surcharge and the violation related to the surcharge"; in Article 54, paragraph (1), the term "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" is deemed to be replaced with "amount of the surcharge intended to be ordered to be paid, the basis of calculation of the surcharge and the violation related to the surcharge, and major evidence among those pursuant to Article 52, paragraph (1) as applied mutatis mutandis pursuant to Article 62, paragraph (4) following the deemed replacement of terms".
第四十九条から第六十条までの規定は、納付命令について準用する。この場合において、第五十条第一項第一号中「予定される排除措置命令の内容」とあるのは「納付を命じようとする課徴金の額」と、同項第二号中「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」とあり、及び第五十二条第一項中「公正取引委員会の認定した事実」とあるのは「課徴金の計算の基礎及び課徴金に係る違反行為」と、第五十四条第一項中「予定される排除措置命令の内容、公正取引委員会の認定した事実及び第五十二条第一項に規定する証拠のうち主要なもの並びに公正取引委員会の認定した事実に対する法令の適用」とあるのは「納付を命じようとする課徴金の額、課徴金の計算の基礎及び課徴金に係る違反行為並びに第六十二条第四項の規定により読み替えて準用する第五十二条第一項に規定する証拠のうち主要なもの」と読み替えるものとする。
第六十三条
After the Japan Fair Trade Commission has issued a payment order pursuant to the provisions of Article 7-2, paragraph (1), or Article 7-9, paragraph (1) or (2), if a final and binding decision on the same case imposes a fine on the person who received the relevant payment order, the Japan Fair Trade Commission must issue a decision to modify the amount of the surcharge in the payment order by reducing the amount by an amount equivalent to one-half of the amount of the fine imposed in the final and binding decision provided, however, that this does not apply if the amount of the surcharge in the payment order does not exceed the amount equivalent to one-half of the amount of the fine or if the amount after the modification is less than one million yen.
In the case under the proviso to the preceding paragraph, the Japan Fair Trade Commission must render a decision to rescind the payment order pursuant to the provisions of Article 7-2, paragraph (1), or Article 7-9, paragraph (1) or (2).
A decision under the provisions of the preceding two paragraphs must be rendered in writing, and the written decision is to indicate the facts found by the Japan Fair Trade Commission and the application of laws and regulations thereto, and the Chair and Commissioners who attended the meeting pursuant to the provisions of Article 65, paragraph (1) must affix their names and seals thereto.
A decision under the provisions of paragraphs (1) and (2) is to take effect by serving a copy of the written decision on the addressee.
In cases under paragraphs (1) and (2), the Japan Fair Trade Commission must refund in money any amount already paid pursuant to the pre-modification or pre-rescission payment order (excluding delinquency charges as provided in Article 69, paragraph (2)), if there is some portion that should be refunded.
第六十四条
An order issued pursuant to the provisions of Article 8-4, paragraph (1) (hereinafter referred to as a "competition restoration order") must be rendered in writing, and the written competition restoration order is to indicate the measures necessary to restore competition with respect to the goods or services involved in the monopolistic situation, and the facts found by the Japan Fair Trade Commission and the application of laws and regulations thereto, and the Chair and Commissioners who attended the meeting pursuant to the provisions of paragraph (1) of the following Article must affix their names and seals thereto.
A competition restoration order is to take effect by serving a copy of the written competition restoration order to the addressee.
競争回復措置命令は、その名宛人に競争回復措置命令書の謄本を送達することによつて、その効力を生ずる。
No competition restoration order can be executed until it becomes final and binding.
競争回復措置命令は、確定しなければ執行することができない。
The provisions of Articles 49 through 60 apply mutatis mutandis to the competition restoration order.
第四十九条から第六十条までの規定は、競争回復措置命令について準用する。
If the Japan Fair Trade Commission intends to make a notification under the provisions of Article 50, paragraph (1), as applied mutatis mutandis pursuant to the preceding paragraph, it must consult with the competent minister for the business operated by the enterprise concerned and hold a public hearing to obtain the opinions of the public.
第六十五条
Cease and desist orders, payment orders, competition restoration orders, approvals of Article 48-3, paragraph (3) and approvals of Article 48-7, paragraph (3), and decisions under the provisions of this Section (excluding payment decision pursuant to the provisions of Article 70, paragraph (2); the same applies hereinafter) must be reached in meetings of the Chair and Commissioners.
排除措置命令、納付命令、競争回復措置命令、第四十八条の三第三項の認定及び第四十八条の七第三項の認定並びにこの節の規定による決定(第七十条第二項に規定する支払決定を除く。以下同じ。)は、委員長及び委員の合議によらなければならない。
The provisions of Article 34, paragraphs (1), (2), and (4) apply mutatis mutandis to the meetings set forth in the preceding paragraph.
For a competition restoration order, three or more people must concur, notwithstanding the provisions of Article 34, paragraph (2) as applied mutatis mutandis pursuant to the preceding paragraph.
第六十六条
Meetings of the Japan Fair Trade Commission are not open to the public.
公正取引委員会の合議は、公開しない。
第六十七条
Any public office or public organization concerned may provide its opinions to the Japan Fair Trade Commission in order to protect the public interest.
関係のある公務所又は公共的な団体は、公共の利益を保護するため、公正取引委員会に対して意見を述べることができる。
第六十八条
Even after the approval of Article 48-3, paragraph (3), the Japan Fair Trade Commission may take the measure, or order its staff members to take the measures pursuant to the provisions of Article 47, necessary to ascertain whether either of the items of Article 48-5, paragraph (1) applies if it considers particularly necessary.
公正取引委員会は、第四十八条の三第三項の認定をした後においても、特に必要があるときは、第四十七条の規定により、第四十八条の五第一項各号のいずれかに該当しているかどうかを確かめるために必要な処分をし、又はその職員をして処分をさせることができる。
Even after the approval of Article 48-7, paragraph (3), the Japan Fair Trade Commission may take the measure, or order its staff members to take the measures pursuant to the provisions of Article 47, necessary to ascertain whether either of the items of Article 48-9, paragraph (1) applies if it considers particularly necessary.
公正取引委員会は、第四十八条の七第三項の認定をした後においても、特に必要があるときは、第四十七条の規定により、第四十八条の九第一項各号のいずれかに該当しているかどうかを確かめるために必要な処分をし、又はその職員をして処分をさせることができる。
Even after issuing a cease and desist order or a competition restoration order becoming final and binding, the Japan Fair Trade Commission may take the measures, or order its staff members to take the measures pursuant to the provisions of Article 47, necessary to ascertain whether the measures ordered in that order are being taken if it considers particularly necessary.
第六十九条
If any person fails to pay a surcharge by the time limit for payment, the Japan Fair Trade Commission must demand the payment by serving a written demand designating a time limit for the payment.
公正取引委員会は、課徴金をその納期限までに納付しない者があるときは、督促状により期限を指定してその納付を督促しなければならない。
The Japan Fair Trade Commission may collect delinquency charges calculated at a rate specified by Cabinet Order, not exceeding fourteen point five percent per annum of the amount of the surcharge, for the number of days intervening between the next day of the time limit for payment and the day of payment when it demanded payment pursuant to the provisions of the preceding paragraph provided, however, that this does not apply if the delinquency charges involved are less than one thousand yen.
公正取引委員会は、前項の規定による督促をしたときは、その督促に係る課徴金の額につき年十四・五パーセントを超えない範囲内において政令で定める割合で、納期限の翌日からその納付の日までの日数により計算した延滞金を徴収することができる。ただし、延滞金の額が千円未満であるときは、この限りでない。
If the amount of delinquency charges, calculated pursuant to the provisions of the preceding paragraph, includes numbers to the right of the hundreds place, the delinquency charges are rounded down to the nearest hundred yen.
前項の規定により計算した延滞金の額に百円未満の端数があるときは、その端数は、切り捨てる。
If a person upon whom a demand has been served under the provisions of paragraph (1) fails to make the payment by the designated time limit, the Japan Fair Trade Commission may collect the surcharge related to the demand and delinquency charges under the provisions of paragraph (2) pursuant to a disposition of the national tax delinquency.
A statutory lien for a payment to be collected pursuant to the preceding paragraph follows national and local taxes in priority, and the period of prescription for payment follows the rules for national tax.
前項の規定による徴収金の先取特権の順位は、国税及び地方税に次ぐものとし、その時効については、国税の例による。
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
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
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)
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)
payment order
「納付命令」
An order the Japan Fair Trade Commission makes under Article 7-2, paragraph (1) (including as applied by Article 8-3), Article 7-9, paragraph (1) or (2) or Articles 20-2 to 20-6, requiring an enterprise to pay a surcharge (課徴金) to the national treasury; it is given in a written payment order stating the amount, its basis, the violation and the deadline.
Short name set inArticle 62, 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.
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.