第九十五条
If a representative of a corporation, or an agent, an employee, or any other worker of a corporation or of an individual has, with regard to the business or property of the corporation or individual, violated the provisions referred to in any of the following items, in addition to the offender being punished, the corporation or individual is sentenced to the fine prescribed in each of those items:
法人の代表者又は法人若しくは人の代理人、使用人その他の従業者が、その法人又は人の業務又は財産に関して、次の各号に掲げる規定の違反行為をしたときは、行為者を罰するほか、その法人又は人に対しても、当該各号に定める罰金刑を科する。
Article 89: Fine of not more than five hundred million yen;
第八十九条 五億円以下の罰金刑
Article 90, item (iii) (excluding violation of an order pursuant to the provisions of Article 7, paragraph (1); or Article 8-2, paragraphs (1) or (3) (limited to portions ordering the party to cease and desist from the act in violation of the provisions of Article 3 or Article 8, item (i))): Fine of not more than three hundred million yen;
Article 94: Fine of not more than two hundred million yen; or
第九十四条 二億円以下の罰金刑
Article 90, item (i), (ii), or (iii) (limited to violation of an order pursuant to the provisions of Article 7, paragraph (1) or Article 8-2, paragraph (1) or (3) (limited to portions ordering the party to cease and desist from the act in violation of the provisions of Article 3 or Article 8, item (i))), Article 91, Article 91-2, or Article 94-2: Fine as provided in each of the Articles.
If a representative, manager, agent, employee, or any other worker of an unincorporated entity has violated the provisions referred to in any of the following items with regard to the business or property of the organization, in addition to the offender being punished, the organization is also sentenced to the fine prescribed in each of those items:
法人でない団体の代表者、管理人、代理人、使用人その他の従業者がその団体の業務又は財産に関して、次の各号に掲げる規定の違反行為をしたときは、行為者を罰するほか、その団体に対しても、当該各号に定める罰金刑を科する。
Article 89: Fine of not more than five hundred million yen;
第八十九条 五億円以下の罰金刑
Article 90, item (iii) (excluding violation of an order pursuant to the provisions of Article 7, paragraph (1) or Article 8-2, paragraph (1) or (3) (limited to portions ordering the party to cease and desist from the act in violation of the provisions of Article 3 or Article 8, item (i))): Fine of not more than three hundred million yen;
Article 94: Fine of not more than two hundred million yen; or
第九十四条 二億円以下の罰金刑
Article 90, items (i), (ii), or (iii) (limited to violation of an order pursuant to the provisions of Article 7, paragraph (1) or Article 8-2, paragraph (1) or (3) (limited to portions ordering the party to cease and desist from the act in violation of the provisions of Article 3 or Article 8, item (i))), or Article 94-2: Fine as provided in each of the Articles.
If a representative of a corporation, or an agent, employee or any other worker of a corporation or an individual has, with regard to the business of the corporation or individual, violated paragraph (1) of the preceding Article, in addition to the offender being punished, the corporation is sentenced to a fine of not more than three hundred million yen, or the individual is sentenced to the fine prescribed in the paragraph.
The period of prescription of a penalty sentenced to a fine, to be imposed on a corporation, an individual or organization pursuant to the provisions of paragraph (1) or (2) in regard to a violation of Article 89 is the same as those for the offenses prescribed in the Article.
In cases under paragraph (2), the representative or manager represents the organization in the procedural act, and the provisions of the Code of Criminal Procedure that are applicable to the procedural act if a corporation is the accused or the suspect apply mutatis mutandis.
The period of prescription for a sentence to a fine imposed upon a corporation or an individual pursuant to the provisions of paragraph (3) in regard to a violation of paragraph (1) of the preceding Article is the same as for the offences prescribed in the paragraph.
第九十五条の二
If a violation of Article 89, paragraph (1), item (i); Article 90, item (i) or (iii); or Article 91 occurs, the representative of the relevant corporation (excluding those that fall under the category of a trade association for a violation of Article 90, items (i) or (iii)) that has failed to take necessary measures to prevent the violation despite the knowledge of a plan for the violation or that has failed to take necessary measures to rectify the violation despite the knowledge of the violation, is also to be punished by the fine as prescribed in the relevant Article.
第九十五条の三
If a violation of Article 89, paragraph (1), item (ii) or Article 90 occurs, a director or any other officer or a manager of the relevant trade association or its constituent enterprise (including, if the officer, employee, agent, or other person who has engaged in the act for the benefit of an enterprise was a constituent enterprise, the relevant enterprise) that has failed to take necessary measures to prevent the violation despite the knowledge of a plan for the violation or who has failed to take necessary measures to rectify the violation despite knowledge of the violation, is also to be punished by the fine as prescribed in each of the Articles.
If a director or any other officer or a manager of the relevant trade association or its constituent enterprise as provided in the preceding paragraph is a corporation or any other organization, the provisions of the preceding paragraph apply to the director or other officer or manager of the organization.
第九十五条の四
If the court finds that sufficient grounds exist, it may sentence a trade association to dissolution, simultaneously with the rendition of punishments as provided in Article 89, paragraph (1), item (ii) or Article 90.
裁判所は、十分な理由があると認めるときは、第八十九条第一項第二号又は第九十条に規定する刑の言渡しと同時に、事業者団体の解散を宣告することができる。
If a trade association has been sentenced to dissolution pursuant to the provisions of the preceding paragraph, the trade association is dissolved by virtue of the sentence, notwithstanding the provisions of any other laws or regulations, articles of incorporation or other stipulations.
第九十六条
A crime under Articles 89 through 91 is considered only after an accusation is filed by the Japan Fair Trade Commission.
第八十九条から第九十一条までの罪は、公正取引委員会の告発を待つて、これを論ずる。
The accusation set forth in the preceding paragraph is made in writing.
前項の告発は、文書をもつてこれを行う。
In filing an accusation under paragraph (1), whenever the Japan Fair Trade Commission finds it to be appropriate for the sentence under paragraph (1) of the preceding Article or Article 100, paragraph (1), item (i) to be rendered with respect to a crime related to the accusation, the Japan Fair Trade Commission may state to that effect in the written accusation set forth under the preceding paragraph.
The accusation under paragraph (1) cannot be revoked after institution of prosecution.
第一項の告発は、公訴の提起があつた後は、これを取り消すことができない。
第九十七条
Any person who has violated a cease and desist order is subject to a non-criminal fine of not more than five hundred thousand yen provided, however, that the foregoing does not apply if the relevant act is to be punished.
排除措置命令に違反したものは、五十万円以下の過料に処する。ただし、その行為につき刑を科するべきときは、この限りでない。
第九十八条
Any person who has violated a judicial decision under the provisions of Article 70-4, paragraph (1) is punished by a non-criminal fine of not more than three hundred thousand yen.
第七十条の四第一項の規定による裁判に違反したものは、三十万円以下の過料に処する。
Deleted.
削除
第百条
In cases under Article 89 or 90, the court may issue the following sentences simultaneously with the rendition of punishments, depending on the circumstances provided, however, that the sentence under item (i) is limited to a case in which the relevant patent right, or exclusive or non-exclusive license for a patented invention belongs to the perpetrator:
that the patent under patent right or the exclusive or non-exclusive license for the patented invention which was used for the violation should be revoked; and
違反行為に供せられた特許権の特許又は特許発明の専用実施権若しくは通常実施権は取り消されるべき旨
that the perpetrator may not enter into a contract with the government for a period of not less than six months and not more than three years after the judgment becoming final and binding.
判決確定後六月以上三年以下の期間、政府との間に契約をすることができない旨
Changes by (Act No. 39 of 2025)
When a judgment with a sentence as provided in item (i) of the preceding paragraph becomes final and binding, the court must send a copy to the Commissioner of the Patent Office.
前項第一号の宣告をした判決が確定したときは、裁判所は、判決の謄本を特許庁長官に送付しなければならない。
Changes by (Act No. 39 of 2025)
The Commissioner of the Patent Office must revoke the patent under the patent right, or the exclusive or non-exclusive license for the patented invention, upon receipt of the copy of the judgment under the provisions of the preceding paragraph.
前項の規定による判決の謄本の送付があつたときは、特許庁長官は、その特許権の特許又は特許発明の専用実施権若しくは通常実施権を取り消さなければならない。
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
trade association
「事業者団体」
A combination of two or more business operators (事業者), or a federation of such combinations, whose main purpose is to advance their common interests as business operators, including associations, foundations and partnerships of the kinds Article 2, paragraph (2) lists, but not one that has capital or contributions from its members and mainly carries on, and actually carries on, a business for profit.
Defined inArticle 2, paragraph (2)· applies throughout the law
officer
「役員」
A board member (理事), director (取締役), executive officer (執行役), member who executes the business (業務を執行する社員), auditor (監事 or 監査役) or a person equivalent to any of these, a manager (支配人), or the person in charge of the business of a head office or branch office.
Defined inArticle 2, paragraph (3)· applies throughout the law
constituent enterprise
「構成事業者」
A business operator (事業者) that is a member of a trade association (事業者団体).
Defined inArticle 8, paragraph (1), item (iv)
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)
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.
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.
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.