Supplementary Provisions
附 則
This Act comes into effect on the date of promulgation.
この法律は、公布の日から施行する。
The Trade Association Act (Act No. 191 of 1948) is abolished.
事業者団体法(昭和二十三年法律第百九十一号)は、廃止する。
With regard to matters that arose before this Act comes into effect, the provisions of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade prior to amendment (hereinafter referred to as the "Former Act") and the provisions of the Former Trade Association Act apply.
この法律の施行前に生じた事項については、改正前の私的独占の禁止及び公正取引の確保に関する法律(以下「旧法」という。)及び旧事業者団体法の規定を適用する。
Notwithstanding the preceding paragraph, with regard to matters on which a decision of the Japan Fair Trade Commission has not become final at the time this Act comes into effect, the New Act applies, except for matters concerning unfair methods of competition under the provisions of the Former Act that are unfair trade practices under the provisions of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade as amended (hereinafter referred to as the "New Act"), provided, however, that this does not preclude the effect of procedures already carried out.
When, upon the enforcement of this Act, the Japan Fair Trade Commission intends to make a designation under the provisions of Article 2, paragraph (7) of the New Act with regard to unfair methods of competition that it has publicly notified pursuant to the provisions of Article 72, paragraph (1) of the Former Act, the provisions of Article 71 of the New Act do not apply.
With regard to the application of penal provisions to acts committed before this Act comes into effect, the provisions then in force continue to govern.
この法律の施行前にした行為に対する罰則の適用については、なお従前の例による。
unfair trade practices
「不公正な取引方法」
Any of the acts Article 2, paragraph (9) lists: refusing to deal together with competitors without justifiable grounds, unjust discriminatory pricing or selling far below cost that is likely to make other enterprises' business difficult, restricting a buyer's resale prices, abusing a superior bargaining position, and other acts likely to impede fair competition of the kinds listed in item (vi) that the Japan Fair Trade Commission designates.
Defined inArticle 2, paragraph (9)· applies throughout the law
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 259 of 1953 amended it.
Short name set inSupplementary Provisions, paragraph (3)
the New Actmachine translation
「新法」
This Act as amended by Act No. 259 of 1953.
Short name set inSupplementary Provisions, paragraph (4)
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.