Whenever any person believes there to be a fact in violation of the provisions of this Act, the person may report the fact to the Japan Fair Trade Commission and ask for appropriate measures to be taken.
第二項
前項に規定する報告があつたときは、公正取引委員会は、事件について必要な調査をしなければならない。
When the Japan Fair Trade Commission receives a report as provided in the preceding paragraph, it must make the necessary investigations into the case.
If a report made pursuant to the provisions of paragraph (1) includes a written allegation with regard to a specific fact pursuant to the provisions of the Rules of the Japan Fair Trade Commission, when the Japan Fair Trade Commission decides to take appropriate measures or to take no measures with respect to the case connected with the report, the Japan Fair Trade Commission must promptly notify the person who made the report to that effect.
When the Japan Fair Trade Commission believes there to be a fact in violation of the provisions of this Act or a fact falling under the purview of a monopolistic situation, the Japan Fair Trade Commission may take appropriate measures on its own authority.
If the Japan Fair Trade Commission believes there to be a fact that falls under the purview of a monopolistic situation and decides to take the measures set forth in paragraph (4) of the preceding Article, the Japan Fair Trade Commission must notify the competent minister for the business that the enterprise concerned operates to that effect.
When a notice set forth in the preceding paragraph has been given, the competent minister may express the competent minister's opinion to the Japan Fair Trade Commission regarding the existence or non-existence of a monopolistic situation and other measures that the competent minister considers sufficient to restore competition as provided in the proviso to Article 8-4, paragraph (1).
第四十七条
第一項
公正取引委員会は、事件について必要な調査をするため、次に掲げる処分をすることができる。
In order to conduct the necessary investigation with regard to a case, the Japan Fair Trade Commission may take the following measures:
一
事件関係人又は参考人に出頭を命じて審尋し、又はこれらの者から意見若しくは報告を徴すること。
order persons concerned with a case or witness to appear to be interrogated, or collect their opinions or reports;
二
鑑定人に出頭を命じて鑑定させること。
order expert witnesses to appear to give expert opinions;
三
帳簿書類その他の物件の所持者に対し、当該物件の提出を命じ、又は提出物件を留めて置くこと。
order persons holding books and documents and other object to submit the objects, or keep the submitted objects at the Japan Fair Trade Commission; or
enter any business office of the persons concerned with a case or other necessary sites, and inspect conditions of business operation and property, books and documents, and other materials.
If the Japan Fair Trade Commission finds it to be appropriate, it may designate a staff member of the Japan Fair Trade Commission as an investigator pursuant to Cabinet Order, and cause the staff member to take the measures set forth in the preceding paragraph.
If the Japan Fair Trade Commission causes a staff member to conduct an on-site inspection pursuant to the provisions of the preceding paragraph, the Japan Fair Trade Commission must instruct the staff member to carry identification and to present it to persons concerned.
第四項
第一項の規定による処分の権限は、犯罪捜査のために認められたものと解釈してはならない。
The authority to take measures pursuant to the provisions of paragraph (1) must not be construed as being granted for conducting criminal investigation.
When the Japan Fair Trade Commission conducts the necessary investigations for a case, it must compile a record of the substance of the investigation, and when it takes a measure provided in paragraph (1) of the preceding Article, it must clearly record the date on which the measure was taken and the results.
If the Japan Fair Trade Commission believes there to be a fact in violation of 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 and recognizes that it is necessary for promotion of fair and free competition, it may notify the party conducting the act that was the reason for that suspicion of the following matters in writing provided, however, that this does not apply after notice under the provisions of Article 50, paragraph (1) (including when these are applied mutatis mutandis pursuant to Article 62, paragraph (4) following the deemed replacement of terms) was made:
一
当該行為の概要
the overview of the relevant act;
二
違反する疑いのある法令の条項
the clause of laws and regulations for which there is suspicion of violation; and
三
次条第一項の規定による認定の申請をすることができる旨
the fact that it is possible to make an application for approval under the provisions of Article 48-3, paragraph (1).
A person that has received the notification pursuant to the provisions of the preceding Article may, when intending to formulate and implement by itself the measures necessary to eliminate the act that was the reason for the suspicion, prepare a plan (hereinafter referred to as a "cessation measure plan" in this Article and Article 48-5) concerning the measures it intends to implement (hereinafter referred to as "cessation measures" in this Article through Article 48-5), pursuant to the provisions of the Rules of the Japan Fair Trade Commission, and submit it to the Japan Fair Trade Commission within 60 days from the date of the notification to apply for its approval.
第二項
排除措置計画には、次に掲げる事項を記載しなければならない。
The cessation measure plan must contain the following:
一
排除措置の内容
the content of the cessation measures;
二
排除措置の実施期限
the deadline for conducting the cessation measures; and
三
その他公正取引委員会規則で定める事項
other matters specified by the Rules of the Japan Fair Trade Commission.
When there has been an application for approval pursuant to the provisions of paragraph (1), the Japan Fair Trade Commission is to approve the plan if the Japan Fair Trade Commission finds that the cessation measure plan conforms to both of the following items:
一
排除措置が疑いの理由となつた行為を排除するために十分なものであること。
the cessation measures are sufficient for ceasing the act that was the reason for the suspicion; and
二
排除措置が確実に実施されると見込まれるものであること。
the cessation measures are expected to be reliably conducted.
The approval of the preceding paragraph must be rendered in writing, and the Chair and Commissioners who attended the meeting pursuant to the provisions of Article 65, paragraph (1) must affix their names and seals on the statement of approval.
第五項
第三項の認定は、その名宛人に認定書の謄本を送達することによつて、その効力を生ずる。
The approval under the provisions of paragraph (3) takes effect by serving a copy of the statement of approval on its addressee.
When there has been an application for approval pursuant to the provisions of paragraph (1), the Japan Fair Trade Commission must render a decision to dismiss it if the Japan Fair Trade Commission finds that the cessation measure plan does not conform to any of the items of paragraph (3).
The provisions of paragraphs (4) and (5) apply mutatis mutandis to a decision pursuant to the provisions of the preceding paragraph. In this case, the term "statement of approval" in paragraphs (4) and (5) is deemed to be replaced with "statement of decision".
When a party that has received the approval of paragraph (3) intends to change the cessation measure plan related to that approval, it must receive approval by the Japan Fair Trade Commission, pursuant to the provisions of the Rules of the Japan Fair Trade Commission.
第九項
第三項から第七項までの規定は、前項の規定による変更の認定について準用する。
The provisions of paragraphs (3) through (7) apply mutatis mutandis to approval for changes pursuant to the provisions of the preceding paragraph.
The provisions of Article 7, paragraphs (1) and (2) (including when these are applied mutatis mutandis pursuant to Article 8-2, paragraph (2) and Article 20, paragraph (2)), 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) and (2), Article 8-2, paragraph (1) and (3), Article 17-2, Article 20, paragraph (1), and Article 20-2 through Article 20-6 do not apply for the act that was the reason for suspicion related to that approval and the act related to the cessation measures, if the Japan Fair Trade Commission gave the approval of paragraph (3) of the preceding Article (including approval for changes pursuant to Article 48-3, paragraph (8); the same applies in the following Article, Article 65, Article 68, paragraph (1), and Article 76, paragraph (2)) provided, however, that this does not apply if there is a decision pursuant to the provisions of paragraph (1) of the following Article.
When either of the following items applies, the Japan Fair Trade Commission must render a decision to rescind the approval of Article 48-3, paragraph (3):
一
第四十八条の三第三項の認定を受けた排除措置計画に従つて排除措置が実施されていないと認めるとき。
when the Japan Fair Trade Commission recognizes that the cessation measures are not being conducted according to the cessation measure plan that received the approval of Article 48-3, paragraph (3); or
when it has been revealed that the party that received the approval of Article 48-3, paragraph (3) received that approval based on false or wrongful facts.
The provisions of Article 48-3, paragraphs (4) and (5) apply mutatis mutandis to a decision pursuant to the provisions of the preceding paragraph. In this case, the term "statement of approval" in Article 48-3, paragraphs (4) and (5) is deemed to be replaced with "statement of decision".
When there has been rescission of the approval of Article 48-3, paragraph (3) pursuant to the provisions of paragraph (1), when that rescission was on or after the date two years before the expiration date of the period stipulated in proviso to Article 7, paragraph (2) (including when these are applied mutatis mutandis pursuant to Article 8-2, paragraph (2) and Article 20, paragraph (2); the same applies hereinafter in this paragraph), an order pursuant to the provisions of Article 7, paragraph (2) (including when these are applied mutatis mutandis pursuant to Article 8-2, paragraph (2) and Article 20, paragraph (2)) or Article 8-2, paragraph (3) may be issued for the act that was the reason for the suspicion related to that approval, notwithstanding the provisions of proviso to Article 7, paragraph (2), also within the two-year period from the date of the decision for rescission.
The provisions of the preceding paragraph apply mutatis mutandis to an order pursuant to the provisions of Article 7-2, paragraph (1) (including when applied mutatis mutandis following the deemed replacement of terms pursuant to Article 8-3), Article 7-9, paragraph (1) or (2), or Articles 20-2 through 20-6. In this case, the phrase "proviso to Article 7, paragraph (2) (including when these are applied mutatis mutandis pursuant to Article 8-2, paragraph (2) and Article 20, paragraph (2)" in the preceding paragraph is deemed to be replaced with "Article 7-8, paragraph (6) (including when these are applied mutatis mutandis pursuant to Article 7-9, paragraph (3) and Article 8-3 and when they are applied mutatis mutandis following the deemed replacement of terms pursuant to Article 7-9, paragraph (4) and Article 20-7", and the phrase "the provisions of proviso to Article 7, paragraph (2)" with "the provisions of Article 7-8, paragraph (6)".
When the Japan Fair Trade Commission finds it to be particularly necessary for promotion of fair and free competition, even if the act that was the reason for the suspicion of violation of the provisions of Article 3, Article 6, Article 8, or Article 19 has already ceased to exist, it may notify the party stated in item (i) of the matters in item (ii) in writing provided, however, that this does not apply after notice was made pursuant to the provisions of Article 50, paragraph (1) (including when these are applied mutatis mutandis pursuant to Article 62, paragraph (4) following the deemed replacement of terms).
一
次に掲げる者
the following party:
イ
疑いの理由となつた行為をした者
the party who committed the act that was the reason for the suspicion;
if the party who committed the act that was the reason for the suspicion is a corporation, any corporation surviving, or established as a result of the merger when the corporation ceased to exist;
if the party who committed the act that was the reason for the suspicion is a corporation, any corporation who has acquired all or part of the business involving the relevant act from the corporation by virtue of a company split; or
ニ
疑いの理由となつた行為をした者から当該行為に係る事業の全部又は一部を譲り受けた者
any party who acquired all or part of the business involving the relevant act from the party who committed the act that was the reason for the suspicion.
二
次に掲げる事項
the following matters:
イ
疑いの理由となつた行為の概要
the overview of the act that was the reason for the suspicion;
ロ
違反する疑いのあつた法令の条項
the clause of the laws and regulations for which there was suspicion of violation; and
ハ
次条第一項の規定による認定の申請をすることができる旨
the fact that it is possible to make an application for approval under the provisions of Article 48-7, paragraph (1).