Supplementary Provisions, Article 7Transitional Measures Concerning Actions for Damages in Cases Where a Cease and Desist Order, etc. Has Become Final and Binding
第七条（排除措置命令等が確定した場合における損害賠償に関する訴えに関する経過措置）
With regard to an action for damages under Article 25 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade relating to a violation that is the subject of a cease and desist order prescribed in Article 49, paragraph (1) of the Former Act that became final and binding before the Effective Date (or, in the case where no cease and desist order was issued, a payment order prescribed in Article 50, 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, item (i) or (ii) of the Former Act; the same applies in the following paragraph)) or a decision under Article 66, paragraph (4) of the Former Act, the provisions then in force continue to govern.
With regard to an action for damages under Article 25 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade relating to a violation that is the subject of a cease and desist order prescribed in Article 49, paragraph (1) of the Former Act (or, in the case where no cease and desist order was issued, a payment order prescribed in Article 50, paragraph (1) of the Former Act) or a decision under Article 66, paragraph (4) of the Former Act that became final and binding on or after the Effective Date in the case where the provisions then in force continue to govern pursuant to Article 2 of the Supplementary Provisions, the provisions then in force continue to govern.
附則第二条の規定によりなお従前の例によることとされる場合における施行日以後に確定した旧法第四十九条第一項に規定する排除措置命令（排除措置命令がされなかった場合にあっては、旧法第五十条第一項に規定する納付命令）又は旧法第六十六条第四項の規定による審決に係る違反行為に係る私的独占の禁止及び公正取引の確保に関する法律第二十五条の規定による損害賠償に関する訴えについては、なお従前の例による。
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)
the Effective Datemachine translation
「施行日」
The date Act No. 100 of 2013, 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. 100 of 2013 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
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.