Supplementary Provisions, Article 16Transitional Measures Concerning the System of Requesting Opinions
第十六条（求意見制度についての経過措置）
The provisions of Article 84, paragraph (1) of the New Antimonopoly Act apply to an action for damages under the provisions of Article 25 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade that is filed on or after the date of enforcement of the provisions prescribed in the proviso to Article 1 of the Supplementary Provisions, and with regard to an action for damages under the provisions of Article 25 of that Act that was filed before that date, the provisions then in force continue to govern.
新独占禁止法第八十四条第一項の規定は、附則第一条ただし書に規定する規定の施行の日以後に提起された私的独占の禁止及び公正取引の確保に関する法律第二十五条の規定による損害賠償に関する訴えについて適用し、同日前に提起された同条の規定による損害賠償に関する訴えについては、なお従前の例による。
The provisions of Article 84, paragraph (1) of the New Act on Prohibition of Private Monopolization, as applied mutatis mutandis pursuant to paragraph (2) of that Article, apply to a claim for damages under the provisions of Article 25 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade that is made in court proceedings for the purpose of a set-off in an action filed on or after the date of enforcement of the provisions prescribed in the proviso to Article 1 of the Supplementary Provisions, and with regard to a claim for damages under the provisions of Article 25 of that Act that was made in court proceedings for the purpose of a set-off in an action filed before that date, the provisions then in force continue to govern.
新私的独占禁止法第八十四条第二項において準用する同条第一項の規定は、附則第一条ただし書に規定する規定の施行の日以後に提起された訴えにおいて相殺のために裁判上主張された私的独占の禁止及び公正取引の確保に関する法律第二十五条の規定による損害賠償の請求について適用し、同日前に提起された訴えにおいて相殺のために裁判上主張された同条の規定による損害賠償の請求については、なお従前の例による。
New Antimonopoly Actmachine translation
「新独占禁止法」
This Act as amended by Act No. 51 of 2009.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
New Act on Prohibition of Private Monopolizationmachine translation
「新私的独占禁止法」
The Act on Prohibition of Private Monopolization and Maintenance of Fair Trade as amended by the Act Partially Amending the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 100 of 2013).
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this provision and in Supplementary Provisions, Articles 6 to 8 and 15; and Supplementary Provisions, Article 16, paragraph (2)
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.