第八十九条
A person who falls under any of the following items are punished by imprisonment for not more than five years or by a fine of not more than five million yen:
次の各号のいずれかに該当するものは、五年以下の拘禁刑又は五百万円以下の罰金に処する。
a person who has engaged in private monopolization or unreasonable restraint of trade in violation of the provisions of Article 3; or
a person who has engaged in substantial restraint of competition in any particular field of trade in violation of the provisions of Article 8, item (i).
An attempt to commit a crime falling under the preceding paragraph will be punished.
前項の未遂罪は、罰する。
第九十条
A person who falls under any of the following items is punished by imprisonment for not more than two years or by a fine of not more than three million yen:
次の各号のいずれかに該当するものは、二年以下の拘禁刑又は三百万円以下の罰金に処する。
a person who, in violation of the provisions of Article 6 or Article 8, item (ii) has entered into an international agreement, or an international contract which contains the matters which fall under unreasonable restraint of trade;
a person who violated the provisions of Article 8, item (iii) or (iv); or
a person who fails to comply with a cease and desist order or a competition restoration order after it has become final and binding.
第九十一条
A person who has acquired or held shares in violation of the provisions of Article 11, paragraph (1), or who has held shares in violation of provisions of paragraph (2) of the Article, or who has violated, regarding the prohibition or restriction pursuant to these provisions, the provisions of Article 17, is punished by imprisonment for not more than one year or by a fine of not more than two million yen.
第九十一条の二
A person who falls under any of the following items is punished by a fine of not more than two million yen:
次の各号のいずれかに該当する者は、二百万円以下の罰金に処する。
a person who, in violation of the provisions of Article 9, paragraph (4), has failed to submit a written report or submitted a written report with a false description;
第九条第四項の規定に違反して報告書を提出せず、又は虚偽の記載をした報告書を提出した者
a person who, in violation of the provisions of Article 9, paragraph (7), has failed to notify or submitted a written notification with a false description;
第九条第七項の規定に違反して届出をせず、又は虚偽の記載をした届出書を提出した者
a person who, in violation of the provisions of Article 10, paragraph (2), has failed to notify or submitted a written notification with a false description;
第十条第二項の規定に違反して届出をせず、又は虚偽の記載をした届出書を提出した者
a person who has acquired shares in violation of the provisions of Article 10, paragraph (8);
第十条第八項の規定に違反して株式の取得をした者
a person who, in violation of the provisions of Article 15, paragraph (2) has failed to notify or submitted a written notification with a false description;
第十五条第二項の規定に違反して届出をせず、又は虚偽の記載をした届出書を提出した者
a person who, in violation of the provisions of Article 10, paragraph (8) as applied mutatis mutandis pursuant to Article 15, paragraph (3) following the deemed replacement of terms, has registered an incorporation or a change as a result of a merger;
a person who, in violation of the provisions of Article 15-2, paragraphs (2) and (3) has failed to notify or submitted a written notification with a false description;
a person who, in violation of the provisions of Article 10, paragraph (8) as applied mutatis mutandis pursuant to Article 15-2, paragraph (4) following the deemed replacement of terms, has registered an incorporation as a result of a joint incorporation-type split or a change as a result of an absorption-type split;
a person who, in violation of the provisions of Article 15-3, paragraph (2), has failed to give notification or submitted a written notification with a false description;
第十五条の三第二項の規定に違反して届出をせず、又は虚偽の記載をした届出書を提出した者
a person who has registered the incorporation as a result of a joint share transfer in violation of the provisions of Article 10, paragraph (8) as applied mutatis mutandis pursuant to Article 15-3, paragraph (3) following the deemed replacement of terms;
a person who, in violation of the provisions of Article 16, paragraph (2), has failed to give notification or submitted a written notification with a false description;
第十六条第二項の規定に違反して届出をせず、又は虚偽の記載をした届出書を提出した者
any person who, in violation of the provisions of Article 10, paragraph (8) as applied mutatis mutandis pursuant to Article 16, paragraph (3) following the deemed replacement of terms, has carried out an act falling under Article 16, paragraph (1), item (i) or (ii); or
第十六条第三項において読み替えて準用する第十条第八項の規定に違反して第十六条第一項第一号又は第二号に該当する行為をした者
a person who, in violation of the provisions of Article 23, paragraph (6), has failed to notify or has submitted a written notification with a false description.
第二十三条第六項の規定に違反して届出をせず、又は虚偽の記載をした届出書を提出した者
第九十二条
A person who has committed any of the crimes provided in Articles 89 through 91 may be punished by cumulative imposition of both imprisonment and a fine, in accordance with the circumstances.
第八十九条から第九十一条までの罪を犯した者には、情状により、拘禁刑及び罰金を併科することができる。
第九十三条
A person who violates the provisions of Article 39 is punished by imprisonment for not more than one year or by a fine of not more than one million yen.
第三十九条の規定に違反した者は、一年以下の拘禁刑又は百万円以下の罰金に処する。
第九十四条
A person who falls under any of the following items is punished by imprisonment for not more than one year or by a fine of not more than three million yen:
次の各号のいずれかに該当する者は、一年以下の拘禁刑又は三百万円以下の罰金に処する。
a person concerned with a case or any witness who, in violation of the measures taken against them, pursuant to the provisions of Article 47, paragraph (1), item (i) or paragraph (2), has failed to appear or to make a statement, or has made a false statement, or failed to submit a report, or submitted a false report;
第四十七条第一項第一号又は第二項の規定による事件関係人又は参考人に対する処分に違反して出頭せず、陳述をせず、若しくは虚偽の陳述をし、又は報告をせず、若しくは虚偽の報告をした者
an expert witness who, in violation of the measures taken with regard to them, pursuant to the provisions of Article 47, paragraph (1), item (ii) or paragraph (2), has failed to appear or to give an expert opinion, or submitted a false expert opinion;
第四十七条第一項第二号又は第二項の規定による鑑定人に対する処分に違反して出頭せず、鑑定をせず、又は虚偽の鑑定をした者
a holder of the materials who, in violation of the measures taken with regard to them pursuant to the provisions of Article 47, paragraph (1), item (iii) or paragraph (2), has failed to submit the objects; or
第四十七条第一項第三号又は第二項の規定による物件の所持者に対する処分に違反して物件を提出しない者
a person who has refused, obstructed or evaded the inspection pursuant to the provisions of Article 47, paragraph (1), item (iv) or paragraph (2).
第四十七条第一項第四号又は第二項の規定による検査を拒み、妨げ、又は忌避した者
第九十四条の二
A person who, in violation of the measures pursuant to the provisions of Article 40, has failed to appear or to submit a report, information or materials, or submitted a false report, information or materials is punished by a fine of not more than three million yen.
第四十条の規定による処分に違反して出頭せず、報告、情報若しくは資料を提出せず、又は虚偽の報告、情報若しくは資料を提出した者は、三百万円以下の罰金に処する。
第九十四条の三
A person who violates a protective order is punished by imprisonment for not more than five years or by a fine of not more than five million yen, or both.
秘密保持命令に違反した者は、五年以下の拘禁刑若しくは五百万円以下の罰金に処し、又はこれを併科する。
The offence prescribed in the preceding paragraph may not be prosecuted without a complaint.
前項の罪は、告訴がなければ公訴を提起することができない。
The offence prescribed in paragraph (1) also applies to a person who commits the crime outside Japan.
competition
「競争」
The state in which two or more enterprises (事業者), within the normal scope of their business and without significant change to its facilities or form, supply the same or similar goods or services to the same buyers, or are supplied with them by the same suppliers, or could do so.
Defined inArticle 2, paragraph (4)· applies throughout the law
private monopolization
「私的独占」
An enterprise (事業者), alone, by combining or conspiring with other enterprises or by any other means, excluding or controlling the business activities of other enterprises and so, contrary to the public interest, substantially restraining competition in a particular field of trade.
Defined inArticle 2, paragraph (5)· applies throughout the law
unreasonable restraint of trade
「不当な取引制限」
An enterprise (事業者), by contract, agreement or any other means, acting together with other enterprises to fix, maintain or raise prices or to limit quantities, technology, products, facilities or business partners, so that they mutually restrict or carry on their business activities and, contrary to the public interest, substantially restrain competition in a particular field of trade.
Defined inArticle 2, paragraph (6)· applies throughout the law
joint incorporation-type split
「共同新設分割」
An incorporation-type company split (新設分割) that a company carries out jointly with another company.
Defined inArticle 15-2, paragraph (1)
joint share transfer
「共同株式移転」
A share transfer (株式移転) that a company carries out jointly with another company.
Defined inArticle 15-3, paragraph (1)
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)
competition restoration order
「競争回復措置命令」
An order the Japan Fair Trade Commission makes under Article 8-4, paragraph (1) where a monopolistic situation (独占的状態) exists, requiring an enterprise to transfer part of its business or take other measures needed to restore competition.
Short name set inArticle 64, paragraph (1)
protective order
「秘密保持命令」
A court order under Article 81, paragraph (1), made by ruling at a party's request in a lawsuit under Article 24 to stop or prevent an infringement, forbidding a party, etc. (当事者等), counsel or assistant in court to use a trade secret (営業秘密) that comes up in the case for any purpose other than conducting the lawsuit, or to disclose it to anyone not bound by such an order.
Short name set inArticle 81, paragraph (2)
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.
registration
登記
Entry in a public register kept by a registry office (登記所) — a Legal Affairs Bureau or one of its branch offices — so that the matter is made public (Real Property Registration Act, Articles 1 and 6, paragraph (1)). Rights in land and buildings, such as ownership, a superficies (地上権), a statutory lien (先取特権), a mortgage and a right of lease (賃借権), can be registered under that Act (Article 3), and matters the Commercial Code, the Companies Act and other Acts require to be registered are registered under the Commercial Registration Act (Article 1). Registration also lets a right be asserted against third parties: acquiring, losing or changing a right in rem (物権) in land or a building, such as ownership, cannot be asserted against third parties until it is registered (Civil Code, Article 177), and a matter the Companies Act requires to be registered cannot be asserted against a third party who does not know of it until it has been registered, nor, even after that, against one who had a justifiable reason for not knowing of the registration (Companies Act, Article 908, paragraph (1)).
Written by AI using Real Property Registration Act, Arts. 1, 3, 6, Commercial Registration Act, Art. 1, Civil Code, Art. 177 and Companies Act, Art. 908 as a reference.