The designated staff member must have the investigators designated pursuant to Article 47, paragraph (2) with respect to the case for which the procedures for hearing must be taken and any other staff members who conducted the administrative affairs pertaining to investigations into the relevant case (in the following paragraph and paragraph (3), and Article 56, paragraph (1), referred to as the "investigators, etc.") explain to the party appearing on the date of hearing 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 at the outset of the first date of the hearing.
The party may appear on the date of hearing, state their opinions and submit evidence and also address questions to the investigators, etc. with the permission of the designated staff member.
When the designated staff member finds it necessary on the date of hearing, the designated staff member may address questions to parties, call upon them to state their opinions or submit evidence or request explanation from the investigators, etc.
The proceedings on the date of hearing is not open to the public.
意見聴取の期日における意見聴取は、公開しない。
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cease and desist order
「排除措置命令」
An order the Japan Fair Trade Commission makes under Article 7, paragraph (1) or (2) (including as applied by Article 8-2, paragraph (2) and Article 20, paragraph (2)), Article 8-2, paragraph (1) or (3), Article 17-2 or Article 20, paragraph (1), requiring the measures needed to end a violation.
Short name set inArticle 49, paragraph (1)
party
「当事者」
In Section 2 of Chapter 8, a person who has received the notice under Article 50, paragraph (1) of a hearing (意見聴取) on a cease and desist order (排除措置命令) the Japan Fair Trade Commission intends to make against it.
Short name set inArticle 51, paragraph (1)· applies only in this section
designated staff member
「指定職員」
The Japan Fair Trade Commission staff member whom the Commission designates for each case to preside over the hearing (意見聴取).
Short name set inArticle 53, paragraph (1)
investigators, etc.
「審査官等」
In Articles 54 and 56, the investigator (審査官) designated under Article 47, paragraph (2) for the case on which a hearing (意見聴取) is held, together with the other staff who worked on investigating it.
Short name set inArticle 54, paragraph (1)· applies only in this provision and in Article 54, paragraphs (2) and (3); and Article 56, paragraph (1)
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.