Supplementary Provisions, Article 7Transitional Measures Concerning Decisions and Payment Orders
第七条（審決及び納付命令に関する経過措置）
If a decision pursuant to Article 48, paragraph (4), Article 53-3, or Article 54, paragraph (1) or (2) of the Former Act (excluding one ordering the measures prescribed in Article 8-4, paragraph (1) of the Former Act) has become final and binding, and a claim for damages is made on or after the Effective Date against the person who received the decision, the decision is deemed to be a cease and desist order that has become final and binding under the provisions of the New Act, and Article 26 of the New Act applies.
If the decision prescribed in the preceding paragraph has not been made and a decision pursuant to Article 54-2, paragraph (1) of the Former Act (excluding one against a constituent enterprise of a trade association that committed an act in violation of Article 8, paragraph (1), item (i) or (ii) of the Former Act) has become final and binding, and a claim for damages is made on or after the Effective Date against the person who received the decision, the decision is deemed to be a payment order that has become final and binding under the provisions of the New Act, and Article 26 of the New Act applies.
If a decision pursuant to Article 48, paragraph (4), Article 53-3, or Article 54, paragraph (1) or (2) of the Former Act (excluding one ordering the measures prescribed in Article 8-4, paragraph (1) of the Former Act) has become final and binding, and the person who received the decision does not comply with it on or after January 4, 2006, the decision is deemed to be a cease and desist order that has become final and binding under the provisions of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (hereinafter referred to as the "Antimonopoly Act"), and Article 90, item (iii), Article 92, Article 95, paragraph (1), items (ii) and (iv) (limited to the part pertaining to Article 90, item (iii) of the Antimonopoly Act), paragraph (2), items (ii) and (iv) (limited to the part pertaining to Article 90, item (iii) of the Antimonopoly Act), and paragraph (5), Article 95-2, and Article 95-3 of the Antimonopoly Act apply.
旧法第四十八条第四項、第五十三条の三又は第五十四条第一項若しくは第二項の規定による審決（旧法第八条の四第一項に規定する措置を命ずるものを除く。）が確定した場合において、当該審決を受けた者が平成十八年一月四日以後においてこれに従わないときは、当該審決を私的独占の禁止及び公正取引の確保に関する法律（以下「独占禁止法」という。）の規定により確定した排除措置命令とみなして、独占禁止法第九十条第三号、第九十二条、第九十五条第一項第二号及び第四号（独占禁止法第九十条第三号に係る部分に限る。）、第二項第二号及び第四号（独占禁止法第九十条第三号に係る部分に限る。）並びに第五項、第九十五条の二並びに第九十五条の三の規定を適用する。
trade association
「事業者団体」
A combination of two or more business operators (事業者), or a federation of such combinations, whose main purpose is to advance their common interests as business operators, including associations, foundations and partnerships of the kinds Article 2, paragraph (2) lists, but not one that has capital or contributions from its members and mainly carries on, and actually carries on, a business for profit.
Defined inArticle 2, paragraph (2)· applies throughout the law
constituent enterprise
「構成事業者」
A business operator (事業者) that is a member of a trade association (事業者団体).
Defined inArticle 8, paragraph (1), item (iv)
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)
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)
the Effective Datemachine translation
「施行日」
The date Act No. 35 of 2005, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 35 of 2005 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the New Actmachine translation
「新法」
This Act as amended by Act No. 35 of 2005.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
Antimonopoly Actmachine translation
「独占禁止法」
Short name that the supplementary provisions (附則) of amending Acts use for the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947) itself.
Short name set inSupplementary Provisions, Article 7, paragraph (3)
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.