The term "market share" as used in this Chapter means the ratio of the volume of goods or services that one or two or more enterprises supplies or receives, to the aggregate total volume of the relevant goods or services supplied in any particular field of trade within a particular period, or the ratio of the value of goods or services that one or two or more enterprises supply or receive, to the aggregate total value of the relevant goods or services supplied in any particular field of trade within a particular period.
この章において「市場占有率」とは、一定の取引分野において一定の期間内に供給される商品若しくは役務の数量のうち一若しくは二以上の事業者が供給し、若しくは供給を受ける当該商品若しくは役務の数量の占める割合又は一定の取引分野において一定の期間内に供給される商品若しくは役務の価額のうち一若しくは二以上の事業者が供給し、若しくは供給を受ける当該商品若しくは役務の価額の占める割合をいう。
The term "subsidiary company, etc." as used in this Chapter means a subsidiary company of an enterprise (meaning a corporation for which the majority of the voting rights (excluding voting rights from shares for which voting rights cannot be exercised for all matters on which a resolution can be passed at the shareholders meeting, but including voting rights from shares that are deemed to confer voting rights pursuant to the provisions of Article 879, paragraph (3) of the Companies Act (Act No. 86 of 2005) and voting rights from shares that cannot be duly asserted against the issuer pursuant to the provisions of Article 147, paragraph (1) or Article 148, paragraph (1) of the Act on Book-Entry Transfer of Corporate Bonds and Shares (Act No. 75 of 2001); the same applies hereinafter in this paragraph and the following paragraph) of all shareholders (including all members; the same applies hereinafter) are held by another corporation. In this case, if a corporation and one or more of its subsidiary companies or if one or more subsidiary companies of a corporation hold the majority of the shareholders' voting rights in another company, the other company is deemed to be a subsidiary company of the corporation; the same applies hereinafter in this paragraph), a parent company of an enterprise (meaning another company that has a subsidiary company; the same applies in this paragraph), or another company whose parent company is the same as that of the enterprise.
この章において「子会社等」とは、事業者の子会社（法人がその総株主（総社員を含む。以下同じ。）の議決権（株主総会において決議をすることができる事項の全部につき議決権を行使することができない株式についての議決権を除き、会社法（平成十七年法律第八十六号）第八百七十九条第三項の規定により議決権を有するものとみなされる株式についての議決権及び社債、株式等の振替に関する法律（平成十三年法律第七十五号）第百四十七条第一項又は第百四十八条第一項の規定により発行者に対抗することができない株式に係る議決権を含む。以下この項及び次項において同じ。）の過半数を有する他の会社をいう。この場合において、法人及びその一若しくは二以上の子会社又は法人の一若しくは二以上の子会社がその総株主の議決権の過半数を有する他の会社は、当該法人の子会社とみなす。以下この項において同じ。）若しくは親会社（会社を子会社とする他の会社をいう。以下この項において同じ。）又は当該事業者と親会社が同一である他の会社をいう。
The term "wholly owned subsidiary company, etc." as used in this Chapter means a wholly owned subsidiary company of an enterprise (meaning a company for which all the voting rights are held by another corporation. In this case, if a corporation and one or more of its wholly owned subsidiary companies or if one or more wholly owned subsidiary companies of a corporation hold all of the shareholders' voting rights in another company, the other company is considered as a wholly owned subsidiary company of the corporation; the same applies hereinafter in this chapter and in Chapter V), a wholly owning parent company of an enterprise (meaning another company that has a wholly owned subsidiary company; the same applies hereinafter in this paragraph), or another company whose wholly owning parent company is the same as that of the enterprise.
この章において「完全子会社等」とは、事業者の完全子会社（法人がその総株主の議決権の全部を有する他の会社をいう。この場合において、法人及びその一若しくは二以上の完全子会社又は法人の一若しくは二以上の完全子会社がその総株主の議決権の全部を有する他の会社は、当該法人の完全子会社とみなす。以下この章及び第五章において同じ。）若しくは完全親会社（会社を完全子会社とする他の会社をいう。以下この項において同じ。）又は当該事業者と完全親会社が同一である他の会社をいう。
The term "supplying subsidiary company, etc." as used in this Chapter means the subsidiary company, etc. of the enterprise that committed a violation stipulated either in Article 7-2, paragraph (1) or Article 7-9, paragraph (1) or (2) (hereinafter referred to simply as a "violation" in this Article excluding paragraphs (13) and (14)), having provided goods or services concerned with the relevant violation in the particular field of trade concerned with the violation.
The term "violating supplying subsidiary company, etc." as used in this Chapter means the supplying subsidiary company, etc. that committed a violation in the particular field of trade concerned with the relevant violation.
The term "non-violating supplying subsidiary company, etc." as used in this Chapter means the supplying subsidiary company, etc. that has never committed a violation in the particular field of trade concerned with the relevant violation.
The term "specified non-violating supplying subsidiary company, etc." as used in this Chapter means the non-violating supplying subsidiary company, etc. related as a wholly owned subsidiary company, etc. to the enterprise that committed a violation, providing the goods or services concerned with the violation based on the instruction or information from the enterprise pertaining to the provision of the relevant goods or services.
The term "purchasing subsidiary company, etc." as used in this Chapter means the subsidiary company, etc. of the enterprise that committed a violation and received supplies of goods or services in the particular field of trade concerned with the relevant violation.
The term "violating purchasing subsidiary company, etc." as used in this Chapter means the purchasing subsidiary company, etc. that committed a violation in the particular field of trade concerned with the violation.
The term "non-violating purchasing subsidiary company, etc." as used in this Chapter means the purchasing subsidiary company, etc. that has never committed a violation in the particular field of trade concerned with the violation.
The term "specified non-violating purchasing subsidiary company, etc." as used in this Chapter means the non-violating purchasing subsidiary company, etc. related as a wholly owned subsidiary company, etc. to the enterprise that committed a violation, receiving the goods or services concerned with the violation based on the instruction or information from the enterprise pertaining to receiving the relevant goods or services.
The term "advance notification" as used in this Chapter means a notification which the Japan Fair Trade Commission sends to the enterprise that committed a violation, pursuant to the provisions of Article 50, paragraph (1) as applied mutatis mutandis pursuant to Article 62, paragraph (4) following the deemed replacement of terms, if the Japan Fair Trade Commission orders to pay a surcharge pursuant to the provisions of Article 7-2, paragraph (1) or Article 7-9, paragraphs (1) or (2).
The term "period of implementation" as used in this Chapter means the period from the date on which the enterprise that committed a violation prescribed in Article 7-2, paragraph (1) or Article 7-9, paragraph (1) conducted business activities as the implementation of the violation (or, if that date falls before the date 10 years prior to the date on which a measure listed in Article 47, paragraph (1), items (i), (iii) or (iv), a measure prescribed in Article 102, paragraph (1) or (2), or a measure listed in each item of Article 103-3 was first taken against the enterprise for the violation (or, if no such measure was taken against the enterprise, the date on which the enterprise received an advance notification for the violation), that date 10 years prior) until the date on which the business activities as the implementation of the violation cease.
The term "violation period" as used in this Chapter means the period from the date on which the enterprise that committed a violation prescribed in Article 7-9, paragraph (2) committed the violation (or, if that date falls before the date 10 years prior to the date on which a measure listed in Article 47, paragraph (1), items (i), (iii) or (iv), a measure prescribed in Article 102, paragraph (1) or (2), or a measure listed in each item of Article 103-3 was first taken against the enterprise for the violation (or, if no such measure was taken against the enterprise, the date on which the enterprise received an advance notification for the violation), that date 10 years prior) until the date on which the violation ceases.
The term "investigation start date" as used in this Chapter (excluding Article 7-4) means the date on which the measure listed in Article 47, paragraph (1), items (i), (iii) or (iv), or the measure provided in Article 102, paragraph (1) or (2), or the measure provided in each of the items under Article 103-3 was first taken for the case concerned with the relevant violation (if the measure was not taken, the date on which the enterprise received an advance notification concerned with the violation).
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enterprise
「事業者」
Anyone who carries on a commercial, industrial, financial or other business; an officer, employee, agent or other person acting for the benefit of an enterprise is also treated as one for the purposes of Article 2, paragraph (2) and Chapter 3 (trade associations).
Defined inArticle 2, paragraph (1)· applies throughout the law
market share
「市場占有率」
In Chapter 2, the share, by volume or by value, of the goods or services supplied in a particular field of trade during a given period that one or more enterprises supply or are supplied with.
Defined inArticle 2-2, paragraph (1)· applies only in this chapter
subsidiary company, etc.
「子会社等」
In Chapter 2, an enterprise's subsidiary company (another company in which a corporation holds a majority of all shareholders' or members' votes, directly or through its subsidiaries), its parent company (a company that has it as a subsidiary), or another company with the same parent company as the enterprise.
Defined inArticle 2-2, paragraph (2)· applies only in this chapter
parent company
「親会社」
In Article 2-2, paragraph (2), another company that has a company as its subsidiary company.
Defined inArticle 2-2, paragraph (2)· applies only in this paragraph
wholly owned subsidiary company, etc.
「完全子会社等」
In Chapter 2, an enterprise's wholly owned subsidiary company (a company all of whose shareholders' votes are held by a corporation, directly or through its wholly owned subsidiaries), its wholly owning parent company, or another company with the same wholly owning parent company as the enterprise.
Defined inArticle 2-2, paragraph (3)· applies only in this chapter
wholly owning parent companymachine translation
「完全親会社」
In Article 2-2, paragraph (3), another company that has a company as its wholly owned subsidiary company.
Defined inArticle 2-2, paragraph (3)· applies only in this paragraph
supplying subsidiary company, etc.
「供給子会社等」
In Chapter 2, a subsidiary company, etc. (子会社等) of an enterprise that committed a violation under Article 7-2, paragraph (1) or Article 7-9, paragraph (1) or (2), the provisions on surcharges (課徴金), which supplied the goods or services concerned with the violation in the field of trade concerned.
Defined inArticle 2-2, paragraph (4)· applies only in this chapter
violation
「違反行為」
In Article 2-2 (except paragraphs (13) and (14)), any of the violations described in Article 7-2, paragraph (1) or Article 7-9, paragraph (1) or (2), the provisions on surcharges (課徴金).
Short name set inArticle 2-2, paragraph (4)· applies only in this article, except in Article 2-2, paragraphs (13) and (14)
violating supplying subsidiary company, etc.
「違反供給子会社等」
In Chapter 2, a supplying subsidiary company, etc. (供給子会社等) that itself committed the violation in the field of trade concerned with the enterprise's violation.
Defined inArticle 2-2, paragraph (5)· applies only in this chapter
non-violating supplying subsidiary company, etc.
「非違反供給子会社等」
In Chapter 2, a supplying subsidiary company, etc. (供給子会社等) that did not itself commit the violation in the field of trade concerned with the enterprise's violation.
Defined inArticle 2-2, paragraph (6)· applies only in this chapter
specified non-violating supplying subsidiary company, etc.
「特定非違反供給子会社等」
In Chapter 2, a non-violating supplying subsidiary company, etc. (非違反供給子会社等) that is in a wholly owned relationship (完全子会社等) with the enterprise that committed the violation and supplied the goods or services concerned to others on the enterprise's instructions or on information obtained from it.
Defined inArticle 2-2, paragraph (7)· applies only in this chapter
purchasing subsidiary company, etc.
「購入子会社等」
In Chapter 2, a subsidiary company, etc. (子会社等) of an enterprise that committed a violation under Article 7-2, paragraph (1) or Article 7-9, paragraph (1) or (2), the provisions on surcharges (課徴金), which was supplied with the goods or services concerned with the violation in the field of trade concerned.
Defined inArticle 2-2, paragraph (8)· applies only in this chapter
violating purchasing subsidiary company, etc.
「違反購入子会社等」
In Chapter 2, a purchasing subsidiary company, etc. (購入子会社等) that itself committed the violation in the field of trade concerned with the enterprise's violation.
Defined inArticle 2-2, paragraph (9)· applies only in this chapter
non-violating purchasing subsidiary company, etc.
「非違反購入子会社等」
In Chapter 2, a purchasing subsidiary company, etc. (購入子会社等) that did not itself commit the violation in the field of trade concerned with the enterprise's violation.
Defined inArticle 2-2, paragraph (10)· applies only in this chapter
specified non-violating purchasing subsidiary company, etc.
「特定非違反購入子会社等」
In Chapter 2, a non-violating purchasing subsidiary company, etc. (非違反購入子会社等) that is in a wholly owned relationship (完全子会社等) with the enterprise that committed the violation and was supplied with the goods or services concerned by others on the enterprise's instructions or on information obtained from it.
Defined inArticle 2-2, paragraph (11)· applies only in this chapter
advance notification
「事前通知」
In Chapter 2, the notice that the Japan Fair Trade Commission sends, under Article 50, paragraph (1) as applied with modified wording by Article 62, paragraph (4), to an enterprise (事業者) that committed a violation when it is to order that enterprise to pay a surcharge (課徴金) under Article 7-2, paragraph (1) or Article 7-9, paragraph (1) or (2).
Defined inArticle 2-2, paragraph (12)· applies only in this chapter
period of implementationmachine translation
「実行期間」
In Chapter 2, the period from the day an enterprise first carried out business activity implementing a violation under Article 7-2, paragraph (1) or Article 7-9, paragraph (1) to the day that activity ended, starting no earlier than ten years before the day the Japan Fair Trade Commission first took against it, in the case, one of the investigative measures in Article 47, paragraph (1), item (i), (iii) or (iv), Article 102, paragraph (1) or (2) or Article 103-3 (or, if it took none, the day the enterprise received the advance notification (事前通知)).
Defined inArticle 2-2, paragraph (13)· applies only in this chapter
violation periodmachine translation
「違反行為期間」
In Chapter 2, the period from the day an enterprise committed a violation under Article 7-9, paragraph (2) to the day the violation ended, starting no earlier than ten years before the day the Japan Fair Trade Commission first took against it, in the case, one of the investigative measures in Article 47, paragraph (1), item (i), (iii) or (iv), Article 102, paragraph (1) or (2) or Article 103-3 (or, if it took none, the day the enterprise received the advance notification (事前通知)).
Defined inArticle 2-2, paragraph (14)· applies only in this chapter
investigation start date
「調査開始日」
In Chapter 2 (except Article 7-4), the day the Japan Fair Trade Commission first took, in the case concerning a violation, one of the investigative measures in Article 47, paragraph (1), item (i), (iii) or (iv), Article 102, paragraph (1) or (2) or Article 103-3, or, if it took none, the day the enterprise received the advance notification (事前通知) about the violation.
Defined inArticle 2-2, paragraph (15)
subsidiary companies
「子会社」
In Article 10, paragraphs (2) and (5), a stock company in which a company holds a majority of all shareholders' votes, or another company, etc. (会社等) whose management the company controls, as the Rules of the Japan Fair Trade Commission (公正取引委員会規則) set out.
Defined inArticle 10, paragraph (6)
assert against
対抗
To be able to rely on a right, or on a fact about it, against someone who is not a party to it. Acquiring, losing or changing a right in rem (物権) in land or a building cannot be asserted against third parties until it is registered (登記) (Civil Code, Article 177), and a registered lease of land or a building can be asserted against a person who acquires a right in rem in it, such as a buyer, and against other third parties (Article 605). The Act on Land and Building Leases lets a tenant do without registering the lease itself: a right to use land for a building (借地権) can be asserted against third parties once the tenant owns a registered building on the land (Article 10, paragraph (1)), and a building lease takes effect against anyone who later acquires a right in rem in the building, such as a new owner, once the building has been handed over (Article 31). Some rules protect only a third party who did not know: a rescission for fraud cannot be asserted against a third party who did not know of the fraud and was not careless in not knowing (善意でかつ過失がない) (Civil Code, Article 96, paragraph (3)).
Written by AI using Civil Code, Arts. 96, 177, 605 and Act on Land and Building Leases, Arts. 10, 31 as a reference.
Fair Trade Commission
公正取引委員会
The body the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (独占禁止法, the Antimonopoly Act) sets up to achieve that Act's purpose — among other things, to promote fair and free competition by banning private monopolization, unreasonable restraint of trade and unfair trade practices, and so to protect the interests of general consumers and the democratic and sound development of the national economy (Antimonopoly Act, Articles 1 and 27, paragraph (1)). It comes under the Prime Minister's jurisdiction, but its chairperson and four commissioners — appointed by the Prime Minister with the consent of both Houses of the Diet — exercise their authority independently (Articles 27, paragraph (2), 28 and 29). Under the Act against Unjustifiable Premiums and Misleading Representations, businesses and trade associations may, with the approval of both the Prime Minister and the Fair Trade Commission, conclude or set agreements or rules (協定又は規約) on premiums or representations (Article 36, paragraph (1)).
Written by AI using Antimonopoly Act, Arts. 1, 27, 28, 29 and Act against Unjustifiable Premiums and Misleading Representations, Art. 36 as a reference.
shareholders meeting
株主総会
The meeting of a stock company's shareholders, and the body through which they decide the company's basic matters. It elects the directors and company auditors (Companies Act, Article 329, paragraph (1)) and changes the articles of incorporation (Article 466). In a company without a board of directors it may decide any matter about the company; in one with a board, only what the Act or the articles of incorporation leave to it (Article 295). An annual shareholders meeting must be called after the end of every business year, and another may be called whenever needed (Article 296). A resolution normally passes by a majority of the votes present, with holders of a majority of the votes entitled to vote attending (Article 309, paragraph (1)).
Written by AI using Companies Act, Arts. 295, 296, 309, 329, 466 as a reference.