When the party fails to appear on the date of a hearing without justifiable grounds and to submit written statements or evidence pursuant to Article 55, the designated staff member may conclude the hearing without giving any further opportunity for the party to state its opinions and submit evidence.
Beyond the case pursuant to the preceding paragraph, when the party fails to appear on the date of the hearing and does not submit written statements or evidence pursuant to Article 55, and when the party is not expected to appear on a date for hearing for a considerable period of time, the designated staff member may ask submission of written statements and evidence of them with the due date, and conclude the hearing when the due date falls.
The designated staff member is to prepare a record of the proceedings of the statement of opinions by the party, etc. on the date of hearing and the record must clearly indicate the outline of the statements raised by the party concerned with respect to the matters listed in Article 50, paragraph (1), items (i) and (ii).
The record set forth in the preceding paragraph must be prepared on each date of the hearing when the statement, etc. by the party is conducted, and when the statement, etc. by the party is not conducted, promptly after the hearing is concluded.
The record pursuant to paragraph (1) must be accompanied by the evidence submitted (the written statements and evidence submitted, when written statements and evidence are submitted pursuant to Article 55).
Promptly after the hearing is concluded, the designated staff member must identify the issues of the case for a hearing, prepare a written report containing the relevant issues, and submit it to the Japan Fair Trade Commission together with the record pursuant to paragraph (1).
第五項
当事者は、第一項に規定する調書及び前項に規定する報告書の閲覧を求めることができる。
Parties concerned may demand inspection of the record pursuant to paragraph (1) and the written report pursuant to the preceding paragraph.
When it finds necessary in light of the circumstances arising after conclusion of the hearing, the Japan Fair Trade Commission may, order the designated staff member to reopen a hearing by returning to the designated staff member the report submitted pursuant to paragraph (4) of the preceding Article.
第二項
第五十六条第二項本文の規定は、前項の場合について準用する。
The provisions of the main clause of Article 56, paragraph (2) apply mutatis mutandis to the case of the preceding paragraph.
In making a resolution pertaining to the cease and desist order, the Japan Fair Trade Commission must do so only after careful consideration of the contents of the record pursuant to Article 58, paragraph (1) and the report pursuant to Article 58, paragraph (4).
A cease and desist order must be rendered in writing, and the written cease and desist order is to indicate the measures necessary to eliminate the violation or to ensure that the violation is eliminated, and the facts found by the Japan Fair Trade Commission and the application of laws and regulations thereto, and the Chair and Commissioners who attended the meeting pursuant to the provisions of Article 65, paragraph (1) must affix their names and seals thereto.
第二項
排除措置命令は、その名あて人に排除措置命令書の謄本を送達することによつて、その効力を生ずる。
A cease and desist order is to take effect by serving a copy of the written cease and desist order to the addressee.
An order issued pursuant to the provisions of 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) or (2), or Articles 20-2 through 20-6 (hereinafter referred to as a "payment order") must be rendered in writing, and the written payment order for a surcharge is to state the amount of the surcharge to be paid, the basis of its calculation, the violation to which it pertains, and the time limit for payment, and the Chair, and Commissioners who attended the meeting pursuant to the provisions of Article 65, paragraph (1) must affix their names and seals thereto.
第二項
納付命令は、その名宛人に課徴金納付命令書の謄本を送達することによつて、その効力を生ずる。
A payment order is to take effect upon service of a copy of the written payment order for a surcharge on the addressee.
第三項
第一項の課徴金の納期限は、課徴金納付命令書の謄本を発する日から七月を経過した日とする。
The time limit for payment of the surcharge set forth in paragraph (1) is to fall on the day on which seven months have elapsed from the day on which the copy of the written payment order for a surcharge is issued.
The provisions of Articles 49 through 60 apply mutatis mutandis to the payment order. In this case, in Article 50, paragraph (1), item (i), the term "the expected contents of the cease and desist order" is deemed to be replaced with "amount of the surcharge intended to be ordered to be paid"; the term "the facts found by the Japan Fair Trade Commission, and the application of laws and regulations thereto" in item (ii) of the paragraph and the term "the facts found by the Japan Fair Trade Commission" in Article 52, paragraph (1) is deemed to be replaced with "the basis of calculation of the surcharge and the violation related to the surcharge"; in Article 54, paragraph (1), the term "the expected content of the cease and desist order, the facts found by the Japan Fair Trade Commission and major evidence among those provided for Article 52, paragraph (1), and the application of laws and regulations to the facts found by the Japan Fair Trade Commission" is deemed to be replaced with "amount of the surcharge intended to be ordered to be paid, the basis of calculation of the surcharge and the violation related to the surcharge, and major evidence among those pursuant to Article 52, paragraph (1) as applied mutatis mutandis pursuant to Article 62, paragraph (4) following the deemed replacement of terms".
After the Japan Fair Trade Commission has issued a payment order pursuant to the provisions of Article 7-2, paragraph (1), or Article 7-9, paragraph (1) or (2), if a final and binding decision on the same case imposes a fine on the person who received the relevant payment order, the Japan Fair Trade Commission must issue a decision to modify the amount of the surcharge in the payment order by reducing the amount by an amount equivalent to one-half of the amount of the fine imposed in the final and binding decision provided, however, that this does not apply if the amount of the surcharge in the payment order does not exceed the amount equivalent to one-half of the amount of the fine or if the amount after the modification is less than one million yen.
In the case under the proviso to the preceding paragraph, the Japan Fair Trade Commission must render a decision to rescind the payment order pursuant to the provisions of Article 7-2, paragraph (1), or Article 7-9, paragraph (1) or (2).
A decision under the provisions of the preceding two paragraphs must be rendered in writing, and the written decision is to indicate the facts found by the Japan Fair Trade Commission and the application of laws and regulations thereto, and the Chair and Commissioners who attended the meeting pursuant to the provisions of Article 65, paragraph (1) must affix their names and seals thereto.
In cases under paragraphs (1) and (2), the Japan Fair Trade Commission must refund in money any amount already paid pursuant to the pre-modification or pre-rescission payment order (excluding delinquency charges as provided in Article 69, paragraph (2)), if there is some portion that should be refunded.
An order issued pursuant to the provisions of Article 8-4, paragraph (1) (hereinafter referred to as a "competition restoration order") must be rendered in writing, and the written competition restoration order is to indicate the measures necessary to restore competition with respect to the goods or services involved in the monopolistic situation, and the facts found by the Japan Fair Trade Commission and the application of laws and regulations thereto, and the Chair and Commissioners who attended the meeting pursuant to the provisions of paragraph (1) of the following Article must affix their names and seals thereto.
第二項
競争回復措置命令は、その名宛人に競争回復措置命令書の謄本を送達することによつて、その効力を生ずる。
A competition restoration order is to take effect by serving a copy of the written competition restoration order to the addressee.
第三項
競争回復措置命令は、確定しなければ執行することができない。
No competition restoration order can be executed until it becomes final and binding.
第四項
第四十九条から第六十条までの規定は、競争回復措置命令について準用する。
The provisions of Articles 49 through 60 apply mutatis mutandis to the competition restoration order.
If the Japan Fair Trade Commission intends to make a notification under the provisions of Article 50, paragraph (1), as applied mutatis mutandis pursuant to the preceding paragraph, it must consult with the competent minister for the business operated by the enterprise concerned and hold a public hearing to obtain the opinions of the public.
Cease and desist orders, payment orders, competition restoration orders, approvals of Article 48-3, paragraph (3) and approvals of Article 48-7, paragraph (3), and decisions under the provisions of this Section (excluding payment decision pursuant to the provisions of Article 70, paragraph (2); the same applies hereinafter) must be reached in meetings of the Chair and Commissioners.
第二項
第三十四条第一項、第二項及び第四項の規定は、前項の合議について準用する。
The provisions of Article 34, paragraphs (1), (2), and (4) apply mutatis mutandis to the meetings set forth in the preceding paragraph.
For a competition restoration order, three or more people must concur, notwithstanding the provisions of Article 34, paragraph (2) as applied mutatis mutandis pursuant to the preceding paragraph.
第六十六条
第一項
公正取引委員会の合議は、公開しない。
Meetings of the Japan Fair Trade Commission are not open to the public.
Any public office or public organization concerned may provide its opinions to the Japan Fair Trade Commission in order to protect the public interest.
Even after the approval of Article 48-3, paragraph (3), the Japan Fair Trade Commission may take the measure, or order its staff members to take the measures pursuant to the provisions of Article 47, necessary to ascertain whether either of the items of Article 48-5, paragraph (1) applies if it considers particularly necessary.
Even after the approval of Article 48-7, paragraph (3), the Japan Fair Trade Commission may take the measure, or order its staff members to take the measures pursuant to the provisions of Article 47, necessary to ascertain whether either of the items of Article 48-9, paragraph (1) applies if it considers particularly necessary.
Even after issuing a cease and desist order or a competition restoration order becoming final and binding, the Japan Fair Trade Commission may take the measures, or order its staff members to take the measures pursuant to the provisions of Article 47, necessary to ascertain whether the measures ordered in that order are being taken if it considers particularly necessary.
If any person fails to pay a surcharge by the time limit for payment, the Japan Fair Trade Commission must demand the payment by serving a written demand designating a time limit for the payment.
The Japan Fair Trade Commission may collect delinquency charges calculated at a rate specified by Cabinet Order, not exceeding fourteen point five percent per annum of the amount of the surcharge, for the number of days intervening between the next day of the time limit for payment and the day of payment when it demanded payment pursuant to the provisions of the preceding paragraph provided, however, that this does not apply if the delinquency charges involved are less than one thousand yen.
第三項
前項の規定により計算した延滞金の額に百円未満の端数があるときは、その端数は、切り捨てる。
If the amount of delinquency charges, calculated pursuant to the provisions of the preceding paragraph, includes numbers to the right of the hundreds place, the delinquency charges are rounded down to the nearest hundred yen.
If a person upon whom a demand has been served under the provisions of paragraph (1) fails to make the payment by the designated time limit, the Japan Fair Trade Commission may collect the surcharge related to the demand and delinquency charges under the provisions of paragraph (2) pursuant to a disposition of the national tax delinquency.
A statutory lien for a payment to be collected pursuant to the preceding paragraph follows national and local taxes in priority, and the period of prescription for payment follows the rules for national tax.