If an enterprise under either of the following items has committed an act in violation of the provisions of Article 19 (limited to an act that falls under Article 2, paragraph (9), item (ii)), the Japan Fair Trade Commission must order the enterprise, pursuant to the procedures provided in Section 2 of Chapter VIII, to pay to the national treasury a surcharge in an amount equivalent to three percent of the amount of sales for the goods or services provided in the same item that the enterprise supplied, through the act in violation during the violation period, which is calculated using the method provided by Cabinet Order provided, however, that the Japan Fair Trade Commission may not order the payment of such a surcharge if, with regard to the act in violation, the enterprise has received an order pursuant to the provisions of Article 7-2, paragraph (1), Article 7-9, paragraph (1) or (2) or provisions of the following Article (limited to when the relevant order is final and binding), a notification pursuant to the provisions of Article 7-4, paragraph (7) or Article 7-7 paragraph (3), or a decision pursuant to the provisions of Article 63, paragraph (2), or if the amount of the surcharge pursuant to this Article is less than one million yen:
事業者が、次の各号のいずれかに該当する者であつて、第十九条の規定に違反する行為（第二条第九項第二号に該当するものに限る。）をしたときは、公正取引委員会は、第八章第二節に規定する手続に従い、当該事業者に対し、違反行為期間における、当該違反行為において当該事業者が供給した同号に規定する商品又は役務の政令で定める方法により算定した売上額に百分の三を乗じて得た額に相当する額の課徴金を国庫に納付することを命じなければならない。ただし、当該事業者が当該違反行為に係る行為について第七条の二第一項、第七条の九第一項若しくは第二項若しくは次条の規定による命令（当該命令が確定している場合に限る。）、第七条の四第七項若しくは第七条の七第三項の規定による通知若しくは第六十三条第二項の規定による決定を受けたとき、又はこの条の規定による課徴金の額が百万円未満であるときは、その納付を命ずることができない。
an enterprise that was subject to an order pursuant to the provisions of Article 20 (limited to an order related to Article 2, paragraph (9), item (ii); the same applies in the following item) or an order pursuant to the provisions of this Article (limited to when the relevant order is final and binding; the same applies in the following item), within ten years before the investigation start date for the case concerned with the relevant violation; or
an enterprise whose wholly owned subsidiary company was subject to an order pursuant to the provisions of Article 20 (limited to the case when the wholly owned subsidiary company was that of the enterprise on the date of the order) or of this Article (limited to the case when the wholly owned subsidiary company was that of the enterprise on the date of the order) within the ten years before the investigation start date for the case 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
violation periodmachine translation
「違反行為期間」
In Chapter 5, the period from the day an enterprise committed a violation under Articles 20-2 to 20-6 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) (or, if it took none, the day the enterprise received the advance notification (事前通知)).
Defined inArticle 18-2, paragraph (1)· applies only in this chapter
investigation start date
「調査開始日」
In Chapter 5, the day the Japan Fair Trade Commission first took one of the investigative measures in Article 47, paragraph (1), item (i), (iii) or (iv) in a case concerning a violation under Articles 20-2 to 20-5, or, if it took none, the day the enterprise received the advance notification (事前通知) about the violation.
Defined inArticle 18-2, paragraph (2)· applies only in this chapter
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.