Chapter IV Agreements or Rules
第四章 協定又は規約
第三十六条（協定又は規約）
Pursuant to the provisions of Cabinet Office Order, a business operator or a trade association may conclude or establish an agreement or rules for preventing unfair inducement of customers and ensuring voluntary and rational choice-making by general consumers, and fair competition between business operators by obtaining the approval by the Prime Minister and the Fair Trade Commission regarding matters concerning premiums or representations. The same applies when seeking to change the agreement or rules.
The Prime Minister and the Fair Trade Commission must not grant the authorization referred to in the preceding paragraph, unless they find that the agreement or rules referred to in the preceding paragraph conform to all of the requirement referred to in the following items:
the agreement or rules are appropriate for preventing the unfair inducement of customers and ensuring voluntary and rational choice-making by general customers, and fair competition between business operators;
不当な顧客の誘引を防止し、一般消費者による自主的かつ合理的な選択及び事業者間の公正な競争を確保するために適切なものであること。
the agreement or rules are not likely to unfairly hinder the interests of general consumers or related business operators;
一般消費者及び関連事業者の利益を不当に害するおそれがないこと。
the agreement or rules are not unfairly discriminatory; and
不当に差別的でないこと。
the agreement or rules do not unfairly restrict the participation in or withdrawal from the agreement or rules.
当該協定若しくは規約に参加し、又は当該協定若しくは規約から脱退することを不当に制限しないこと。
If the Prime Minister or the Fair Trade Commission finds that the agreement or rules approved under paragraph (1) no longer meets any of the requirements of the items of the preceding paragraph, they must revoke that approval.
If the Prime Minister and the Fair Trade Commission have made a disposition under the provisions of paragraph (1) or the preceding paragraph, they must give a public notice pursuant to the provisions of Cabinet Office Order.
The provisions of Article 7, paragraphs (1) and (2) of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947) (including as applied mutatis mutandis pursuant to Article 8-2, paragraph (2) and Article 20, paragraph (2) of that Act), Article 8-2, paragraphs (1) and (3), Article 20, paragraph (1), Article 70-4, paragraph (1) and Article 74 of that Act do not apply to the agreement or rules that have obtained the approval referred to in paragraph (1), or the acts performed by business operators or trade associations based on the agreement or rules.
第三十七条（協議）
The Prime Minister must consult with the Fair Trade Commission in advance, when intending to establish a Cabinet Office Order prescribed in paragraphs (1) and (4) of the preceding Article.