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Chapter VIII Fair Trade Commission - Section 3 Miscellaneous Provisions

Article 71

If the Fair Trade Commission seeks to designate specific trade practices in a specific field of business pursuant to the provisions of Article 2, paragraph (9), item (vi), it is first to hear the opinions of enterprises that are engaged in the same type of business as the enterprises who employ the relevant specific trade practices and hold a public hearing to obtain the opinions of the public, and then must make the designation after due consideration of the opinions presented.

Article 72

Designation under the provisions of Article 2, paragraph (9), item (vi) is effected by public notice.

Article 73

Deleted.

Article 74

(1) If the Fair Trade Commission is convinced, after an investigation conducted pursuant to the procedures provided in Chapter XII, that a criminal offense has taken place, it must file an accusation with the Prosecutor General.

(2) In addition to what is provided for in the preceding paragraph, if the Fair Trade Commission believes that a crime violating the provisions of this Act has taken place, it must file an accusation with the Prosecutor General.

(3) If the Prosecutor General has decided not to prosecute a case that is the subject of an accusation under the provisions of the preceding two paragraphs, the Prosecutor General must promptly submit a written report to that effect to the Prime Minister through the Minister of Justice, giving the reasons therefor.

Article 75

Witnesses or expert witnesses who have been ordered to appear or to give expert opinions pursuant to the provisions of Article 47, paragraph (1), items (i) or (ii); Article 47, paragraph (2); may claim travel expenses and allowances set forth by Cabinet Order.

Article 76

(1) The Fair Trade Commission may establish rules with respect to its internal disciplines, proceedings of cases and necessary procedures for notifications, applications for approval, and other matters.

(2) In proving rules with respect to the proceedings of cases pursuant to the provisions of the preceding paragraph, the Fair Trade Commission must keep in mind the need to ensure that the relevant proceedings are duly undertaken, including ensuring that the would-be addressee of the Cease and Desist Order, the Payment Order and the Competition Restoration Order and the decision pursuant to the provisions of the preceding Section (hereinafter referred to as a "Cease and Desist Order, etc.") has sufficient opportunity to state and prove the respondent's claims, etc.



Japan Fair Trade Commission:

100-8987 1-1-1 Kasumigaseki, Chiyoda-ku, Tokyo,Japan
Tel: +81-3-3581-1998
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