July 1/2005
Japan Fair Trade Commission
The Amended Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (Antimonopoly Act) which includes increasing the surcharge rate, introducing a leniency program (immunity from or reduction of surcharges), compulsory measures for criminal investigations, and others was promulgated on April 27, 2005 and is expected to come into force in January 2006.
The Fair Trade Commission of Japan (JFTC) reviewed existing rules and prepared new rules necessary with respect to this amendment.
On this occasion, the JFTC invites every interesting party to submit its comments on the draft rules.
1. Draft rules subject to public comments
(1) Rules on Administrative Investigations by the Fair Trade Commission and Rules on Administrative Hearings by the Fair Trade Commission
Since the characteristics of hearing procedures were changed by the amendment act, the JFTC proposed to revise the current “Rules on Investigations and Hearings by the Fair Trade Commission” as two separate rules on administrative investigation procedures and administrative hearing procedures.
(2) Rules on Compulsory Investigation of Criminal Cases by the Fair Trade Commission Since compulsory measures for criminal investigations were vested in the JFTC by the amendment act, the JFTC prepared new rules on criminal investigations.
(3)Rules on Reporting and Submission of Materials Regarding Immunity from or Reduction of SurchargesSee attached 1 and 2.
(Note) Only Japanese text is authentic.
2. Details of public comments
The JFTC invites every interesting party to submit its comments on the draft rules in the following manner. The JFTC will make public the final version of these rules, taking into consideration the comments which the JFTC receives.
(1) The address for submitting comments.
General Affairs Division, Secretariat
Fair Trade Commission of Japan
Central Government Office Building 6, Annex B
1-1-1 Kasumigaseki, Chiyoda-ku
Tokyo 100-8987 JAPAN
Fax +81-(0)3-3581-1963
E-mail kisoku@jftc.go.jp
(2) Deadline for comments
JPT (GMT+9.00): Wednesday, August 3, 2005, until 17:00
(3) Contact information for draft rules on a leniency program
Fair Trade Commission of Japan
E-mail kisoku@jftc.go.jp
(4) Note
Please make sure to submit by mail, E-mail (please use text format) or fax, after verifying that your name (or institution name),address and contact telephone and/or fax number, and/or E-mail address are legible.
The JFTC may release the contents of the opinions received after deleting addresses and contact numbers. The JFTC is not able to respond individually to each opinion submitted. Your understanding is appreciated.
(5) Link
English Web Site for the Fair Trade Commission of Japan
Tentative translation for the amended Antimonopoly Act
*Every announcement is tentative translation. Please refer to the original text written in Japanese.
