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Chapter XI Penal Provisions

Article 89

(1) A person who falls under any of the following items are punished by imprisonment with work for not more than five years or by a fine of not more than five million yen:

(i) a person who, in violation of the provisions of Article 3, has effected private monopolization or unreasonable restraint of trade

(ii) a person who, in violation of the provisions of Article 8, item (i), has effected substantial restraint of competition in any particular field of trade

(2) An attempt to commit a crime falling under the preceding paragraph will be punished.

Article 90

A person who falls under any of the following items is punished by imprisonment with work for not more than two years or by a fine of not more than three million yen:

(i) 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 such matters which fall under unreasonable restraint of trade

(ii) a person who violated the provisions of Article 8, item (iii) or (iv)

(iii) a person who fails to comply with a Cease and Desist Order or a Competition Restoration Order after it has become final and binding

Article 91

A person who has acquired or held shares in violation of the provisions of Article 11, paragraph (1), who has held shares in violation of provisions of paragraph (2) of the same Article, or who has violated, regarding the prohibition or restriction pursuant to these provisions, the provisions of Article 17, is punished by imprisonment with work for not more than one year or by a fine of not more than two million yen.

Article 91-2

A person who falls under any of the following items is punished by a fine of not more than two million yen:

(i) 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

(ii) 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

(iii) 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

(iv) a person who has acquired shares in violation of the provisions of Article 10, paragraph (8)

(v) 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

(vi) 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 effected a register of an incorporation or a change as a result of a merger

(vii) 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

(viii) 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 effected a register of incorporation as a result of a joint incorporation-type company split or a register of change as a result of an absorption-type split

(ix) 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

(x) a person who has effected a register of 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

(xi) 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

(xii) 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)

(xiii) 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

Article 92

A person who has committed any of the crimes provided in Articles 89 to 91 inclusive may be punished by cumulative imposition of both imprisonment with work and a fine, in accordance with the circumstances.

Article 93

A person who violates the provisions of Article 39 is punished by imprisonment with work for not more than one year or by a fine of not more than one million yen.

Article 94

A person who falls under any of the following items is punished by imprisonment with work for not more than one year or by a fine of not more than three million yen:

(i) 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

(ii) 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

(iii) a holder of the materials who, in violation of the objects 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

(iv) a person who has refused, obstructed or evaded the inspection pursuant to the provisions of Article 47, paragraph (1), item (iv) or paragraph (2)

Article 94-2

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 two hundred thousand yen.

Article 94-3

(1) A person who violates a Protective Order is punished by imprisonment with work for not more than five years or by a fine of not more than five million yen, or both.

(2) The offence prescribed in the preceding paragraph may not be persecuted without a complaint.

(3) The offence prescribed in paragraph (1) also applies to a person who committed it outside Japan.

Article 95

(1) If a representative of a juridical person, or an agent, an employee or any other worker of a juridical person or of an individual has, with regard to the business or property of the juridical person or individual, violated the provisions referred to in any of the following items, in addition to the offender being punished, the juridical person or individual is sentenced to the fine prescribed in each of those items.

(i) Article 89: Fine of not more than five hundred million yen.

(ii) 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.

(iii) 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, 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))), Article 91, Article 91-2 or Article 94: Fine as provided in each of the Articles.

(2) If a representative, manager, agent, employee or any other worker of an organization without juridical personality has, with regard to the business or property of the organization, violated the provisions referred to in any of the following items, in addition to the offender being punished, the organization is sentenced to the fine prescribed in each of those items.

(i) Article 89: Fine of not more than five hundred million yen

(ii) 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

(iii) 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, 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))), or Article 94: Fine as provided in each of the Articles

(3) If a representative of a juridical person, or an agent, employee or any other of a juridical person or an individual has violated paragraph (1) of the preceding Article, in addition to the offender being punished, the juridical person is sentenced to a fine of not more than three hundred million yen, or the individual is sentenced to the fine prescribed in the same paragraph.

(4) The period of prescription of a penalty sentenced to a fine, to be imposed on a juridical person, an individual or organization pursuant to the provisions of paragraphs (1) or (2) in regard to a violation of Article 89 is the same as those for the offenses prescribed in the same Article.

(5) In a case under paragraph (2), the representative or manager represents the organization in procedural acts, and the provisions of the Code of Criminal Procedure that are applicable to procedural acts if a juridical person is the accused or the suspect apply mutatis mutandis.

(6) The period of prescription for a sentence to a fine imposed upon a juridical person 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 same paragraph.

Article 95-2

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 juridical person (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.

Article 95-3

(1) If a violation of Article 89, paragraph (1), item (ii) or Article 90 occurs, an officer 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.

(2) If an officer or any other officer or a manager of the relevant trade association or its constituent enterprise as provided in the preceding paragraph is a juridical person or any other organization, the provisions of the preceding paragraph apply to the officer or other officer or manager of the organization.

Article 95-4

(1) 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 or Article 90, paragraph (1), item (ii).

(2) 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.

Article 96

(1) A crime under Articles 89 to 91 inclusive is considered only after an accusation is filed by the Fair Trade Commission.

(2) The accusation set forth in the preceding paragraph is made in writing.

(3) In filing an accusation under paragraph (1), whenever the 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 Fair Trade Commission may state to that effect in the written accusation set forth under the preceding paragraph.

(4) The accusation under paragraph (1) cannot be revoked after institution of prosecution.

Article 97

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.

Article 98

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.

Article 99

Deleted.

Article 100

(1) In a case 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 criminal:

(i) that the patent under patent right or the exclusive or non-exclusive license for the patented invention which was used for the violation related is revoked

(ii) that the criminal 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

(2) 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 thereof to the Commissioner of the Patent Office.

(3) The Commissioner of the Patent Office must, upon receipt of the copy of the judgment under the provisions of the preceding paragraph, revoke the patent under the patent right, or the exclusive or non-exclusive license for the patented invention.



Japan Fair Trade Commission:

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