第七十条
If the Japan Fair Trade Commission has ordered payment of a surcharge pursuant to the provisions of Article 7-2, paragraph (1), Article 7-9, paragraph (1) or paragraph (2), or Articles 20-2 through 20-6, in accordance with the provisions of Article 7-8, paragraph (4) (including when these are applied mutatis mutandis pursuant to Article 7-9, paragraph (3) or paragraph (4), or Article 20-7 following the deemed replacement of terms), if there is some portion that should be refunded (except in the cases provided in Article 63, paragraph (5)), the Japan Fair Trade Commission must promptly refund in money any amount already paid pursuant to these provisions.
If the Japan Fair Trade Commission refunds the amount set forth in the preceding paragraph, it must add to the relevant amount the amount calculated by multiplying by a rate specified by Cabinet Order, which must not exceed seven point two five percent per annum, of the amount for the number of days in the period between the day after the lapse of one month from the day after the amount was paid and the day on which the decision was made to pay the refund.
公正取引委員会は、前項の金額を還付する場合には、当該金額の納付があつた日の翌日から起算して一月を経過する日の翌日からその還付のための支払決定をした日までの期間の日数に応じ、その金額に年七・二五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を乗じて計算した金額をその還付すべき金額に加算しなければならない。
The provisions of the proviso to paragraph (2) and paragraph (3) of the preceding Article apply mutatis mutandis to amounts added pursuant to the provisions of the preceding paragraph.
第七十条の二
When there has been an application for the approval set forth in Article 11, paragraph (1) or (2), the Japan Fair Trade Commission must render a decision to dismiss it if the Japan Fair Trade Commission finds the relevant application to be groundless.
The provisions of Article 45, paragraph (2) apply mutatis mutandis if an application for approval set forth in the preceding paragraph has been filed.
The provisions of Article 63, paragraphs (3) and (4) apply mutatis mutandis to a decision under the provisions of paragraph (1).
第七十条の三
When the Japan Fair Trade Commission has granted the approval set forth in Article 11, paragraph (1) or (2), if the Japan Fair Trade Commission finds that the facts required for the approval have ceased to exist or have changed, it may rescind or modify the approval by a decision.
The provisions of Articles 49 through 60 and, Article 63, paragraphs (3) and (4) apply mutatis mutandis to a decision under the provisions of the preceding paragraph.
第四十九条から第六十条まで並びに第六十三条第三項及び第四項の規定は、前項の規定による決定について準用する。
If the Japan Fair Trade Commission finds that maintenance of a cease and desist order or a competition restoration order is inappropriate due to changes in economic conditions or other reasons, it may rescind or modify the cease and desist order or the competition restoration order by a decision provided, however, that this does not apply if the action harms the interests of the addressee of the cease and desist order or the competition restoration order.
The provisions of Article 63, paragraphs (3) and (4) apply mutatis mutandis to a decision under the provisions of the preceding paragraph.
第七十条の四
Upon petition by the Japan Fair Trade Commission, if the court finds there to be an urgent necessity of doing so, the court may order the person engaging in an act suspected of violating the provisions of Article 3; Article 6; Article 8; Article 9, paragraph (1) or (2); Article 10, paragraph (1); Article 11, paragraph (1); Article 13; Article 14; Article 15, paragraph (1); Article 15-2, paragraph (1); Article 15-3, paragraph (1); Article 16, paragraph (1); Article 17; or Article 19 to temporarily stop engaging in the act, stop exercising voting rights, or stop executing business as an officer of a company, or may rescind or modify the order.
The judicial decision under the provisions of the preceding paragraph is made pursuant to the Non-Contentious Case Procedures Act (Act No. 51 of 2011).
前項の規定による裁判は、非訟事件手続法(平成二十三年法律第五十一号)により行う。
第七十条の五
The execution of a judicial decision under the provisions of paragraph (1) of the preceding Article may be stayed by depositing the security deposits or securities (including book-entry transfer bonds, etc., provided in Article 278, paragraph (1) of the Act on Book-Entry Transfer of Corporate Bonds and Shares; the same applies in the following paragraph) as the court may fix.
If a deposit has been made pursuant to the provisions of the preceding paragraph and the judicial decision pursuant to the preceding Article, paragraph (1) has become final and binding, the court may impose a non-penal confiscation of the whole or a part of the security deposits or securities deposited upon the petition of the Japan Fair Trade Commission.
The provisions of the preceding Article, paragraph (2) apply mutatis mutandis to the judicial decision pursuant to the preceding two paragraphs.
第七十条の六
Documents to be served are fixed by the Rules of the Japan Fair Trade Commission beyond what is provided by this Act.
送達すべき書類は、この法律に規定するもののほか、公正取引委員会規則で定める。
第七十条の七
With regard to the service of documents, the provisions of Article 100, paragraph (1), Article 101, Article 102-2, Article 103, Article 105, Article 106, and Article 108 of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis. In this case, the term "court" in the paragraph and the term "presiding judge" in the Article are deemed to be replaced with "the Japan Fair Trade Commission", and the term "court execution officer" in Article 101, paragraph (1) of the Code is deemed to be replaced with "staff members of the Japan Fair Trade Commission".
第七十条の八
The Japan Fair Trade Commission may make service by publication in the following cases:
公正取引委員会は、次に掲げる場合には、公示送達をすることができる。
if the domicile, residence or other place where the would-be service recipient should be served is unknown; or
送達を受けるべき者の住所、居所その他送達をすべき場所が知れない場合
for service that should be made in a foreign country, if the provisions of Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding Article following the deemed replacement of terms cannot be applied, or if it is recognized that service cannot be made based on the provisions.
if documents certifying that service was made are not received, after the lapse of six months from the date on which a competent foreign government agency was commissioned to make service pursuant to the provisions of Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding Article following the deemed replacement of terms.
Service by publication is made by making it possible for an unspecified number of people to inspect the fact that the documents to be served are to be delivered at any time to the person who is to be served, by a method prescribed by the Rules of the Japan Fair Trade Commission, and also by posting a document stating that fact on the posting area of the Japan Fair Trade Commission, or by taking measures to make it possible for a person to inspect a display of that fact on the screen of a computer installed in the office of the Japan Fair Trade Commission.
公示送達は、送達すべき書類を送達を受けるべき者にいつでも交付すべき旨を公正取引委員会規則で定める方法により不特定多数の者が閲覧することができる状態に置くとともに、その旨が記載された書面を公正取引委員会の掲示場に掲示し、又はその旨を公正取引委員会の事務所に設置した電子計算機の映像面に表示したものの閲覧をすることができる状態に置く措置をとることにより行う。
Service by publication takes effect after two weeks from the date on which the measures under the provisions of the preceding paragraph began.
公示送達は、前項の規定による措置を開始した日から二週間を経過することによつて、その効力を生ずる。
Regarding service by publication in lieu of service to be made in a foreign country, the time period set forth in the preceding paragraph is six weeks.
外国においてすべき送達についてした公示送達にあつては、前項の期間は、六週間とする。
第七十条の九
When a staff member of the Japan Fair Trade Commission has used an electronic data processing system prescribed in Article 6, paragraph (1) of the Act on the Advancement of Government Administration Processes That Use Information and Communications Technology (Act No. 151 of 2002) pursuant to the provisions of Article 7, paragraph (1) of the Act to conduct administrative affairs concerning a disposition notice, etc. prescribed in Article 3, item (ix) of the Act, which is to be conducted by serving documents pursuant to the provisions of this Act or the Rules of the Japan Fair Trade Commission, the staff member must record matters related to the service under the provisions of Article 100, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 70-7 following the deemed replacement of terms in a file stored in a computer (including input and output devices; hereinafter the same applies in Article 81, paragraph (3)) used by the Japan Fair Trade Commission via the electronic data processing system instead of preparing and submitting a document that states those matters.
公正取引委員会の職員が、情報通信技術を活用した行政の推進等に関する法律(平成十四年法律第百五十一号)第三条第九号に規定する処分通知等であつてこの法律又は公正取引委員会規則の規定により書類の送達により行うこととしているものに関する事務を、情報通信技術を活用した行政の推進等に関する法律第七条第一項の規定により同法第六条第一項に規定する電子情報処理組織を使用して行つたときは、第七十条の七において読み替えて準用する民事訴訟法第百条第一項の規定による送達に関する事項を記載した書面の作成及び提出に代えて、当該事項を当該電子情報処理組織を使用して公正取引委員会の使用に係る電子計算機(入出力装置を含む。第八十一条第三項において同じ。)に備えられたファイルに記録しなければならない。
第七十条の十
In addition to what is provided for in this Act, necessary matters with respect to Japan Fair Trade Commission investigation and any other matters relating to the processing of cases, as well as those with respect to deposits set forth in Article 70-5, paragraph (1) are provided by Cabinet Order.
この法律に定めるものを除くほか、公正取引委員会の調査に関する手続その他事件の処理及び第七十条の五第一項の供託に関し必要な事項は、政令で定める。
第七十条の十一
The provisions of Chapters II and III of the Administrative Procedure Act (Act No. 88 of 1993) does not apply to cease and desist orders, payment orders, competition restoration orders and measures connected with applications for approval provided in Article 70-2, paragraph (1), and approvals, decisions, and any other measures under the provisions of this Section (including measures effected by investigators under the provisions of Article 47, paragraph (2) or by a designated staff member under the provisions of this Section) that have been rendered by the Japan Fair Trade Commission.
第七十条の十二
A request for review cannot be filed against the cease and desist orders, payment orders and competition restoration orders of the Japan Fair Trade Commission, the approvals, decisions and any other measures under the provisions of this Section (including measures of investigators under the provisions of Article 47, paragraph (2) and measures of designated staff members under the provisions of this Section), or the failure to act on any of them.
Section 3 Miscellaneous Provisions
第三節 雑則
第七十一条
If the Japan Fair Trade Commission seeks to designate specific trade practices in a specific field of business pursuant to the provisions of Article 2, paragraph (9), item (vi), it is first to hear the opinions of enterprises that are engaged in the same type of business as the enterprises who employ the relevant specific trade practices and hold a public hearing to obtain the opinions of the public, and then must make the designation after due consideration of the opinions presented.
第七十二条
Designation under the provisions of Article 2, paragraph (9), item (vi) is effected by public notice.
第二条第九項第六号の規定による指定は、告示によつてこれを行う。
Deleted.
削除
第七十四条
If the Japan Fair Trade Commission is convinced, after an investigation conducted pursuant to the procedures provided in Chapter XII, that a criminal offense has taken place, it must file an accusation with the Prosecutor General.
公正取引委員会は、第十二章に規定する手続による調査により犯則の心証を得たときは、検事総長に告発しなければならない。
In addition to what is provided for in the preceding paragraph, if the Japan Fair Trade Commission believes that a crime violating the provisions of this Act has taken place, it must file an accusation with the Prosecutor General.
公正取引委員会は、前項に定めるもののほか、この法律の規定に違反する犯罪があると思料するときは、検事総長に告発しなければならない。
If the Prosecutor General has decided not to prosecute a case that is the subject of an accusation under the provisions of the preceding two paragraphs, the Prosecutor General must promptly submit a written report to that effect to the Prime Minister through the Minister of Justice, giving the reasons.
前二項の規定による告発に係る事件について公訴を提起しない処分をしたときは、検事総長は、遅滞なく、法務大臣を経由して、その旨及びその理由を、文書をもつて内閣総理大臣に報告しなければならない。
第七十五条
Witnesses or expert witnesses who have been ordered to appear or to give expert opinions pursuant to the provisions of Article 47, paragraph (1), items (i) or (ii) or Article 47, paragraph (2) may claim travel expenses and allowances set forth by Cabinet Order.
第四十七条第一項第一号若しくは第二号又は第二項の規定により出頭又は鑑定を命ぜられた参考人又は鑑定人は、政令で定めるところにより、旅費及び手当を請求することができる。
第七十六条
The Japan Fair Trade Commission may establish rules with respect to its internal disciplines, proceedings of cases, and necessary procedures for notifications, applications for approval, and other matters.
公正取引委員会は、その内部規律、事件の処理手続及び届出、認可又は承認の申請その他の事項に関する必要な手続について規則を定めることができる。
In providing rules with respect to the proceedings of cases pursuant to the provisions of the preceding paragraph, the Japan Fair Trade Commission must keep in mind the need to ensure that the relevant proceedings are duly undertaken, including ensuring that the would-be addressee of the cease and desist order, the payment order, the competition restoration order, approvals of Article 48-3, paragraph (3) and approvals of Article 48-7, paragraph (3), and the decision pursuant to the provisions of the preceding Section (hereinafter referred to as a "cease and desist order, etc.") has sufficient opportunity to state and prove the respondent's claims, etc.
前項の規定により事件の処理手続について規則を定めるに当たつては、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前節の規定による決定(以下「排除措置命令等」という。)の名宛人となるべき者が自己の主張を陳述し、及び立証するための機会が十分に確保されること等当該手続の適正の確保が図られるよう留意しなければならない。
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
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)
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)
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)
cease and desist order, etc.
「排除措置命令等」
Cease and desist orders (排除措置命令), payment orders (納付命令), competition restoration orders (競争回復措置命令), the approvals under Article 48-3, paragraph (3) and Article 48-7, paragraph (3), and the decisions made under Section 2 of Chapter 8.
Short name set inArticle 76, paragraph (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.
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan as a reference.
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.