November 8, 2023
Japan Fair Trade Commission
(Policy on the Publication of Enterprises’ Names)
Today, I would like to talk about the policy on the publication of enterprises’ names based on the results of the survey on smooth price pass-through.
For further promoting fair transactions, we are conducting Special Survey since May 2023, following the Emergency Survey in 2022, in order to improve a trade environment that enables appropriate price pass-thorough. The results of the surveys will be compiled and published by the end of 2023.
Last year, we already explained our policy on “Publication of enterprises names” and the results of the Emergency Survey at the regular press conference, and published the names that were confirmed to have kept their prices unchanged without consultation for a large number of business partners, for the purpose of strengthening our efforts for Smooth Price Pass-through.
This time, we decided to proceed with publicizing the names based on the results of this year's Special Survey under the following policy, from the viewpoint of due process.
First of all, in the case where prices are confirmed to remain unchanged without consultation, we publish the names under Article 43 of the Antimonopoly Act. And it does not prejudge the culpability of the enterprises. This remains the same as the last year.
On the other hand, this time, taking the situation after the Emergency Survey into consideration, we decided to focus on enterprises that meet any of the following items with regard to our Individual Survey:
（ⅰ）Orderers whose names were the most mentioned by their contractors because their prices were kept unchanged and affect their business activities significantly, or those who received letters of warning in Emergency Survey last year, and orderers whose names were most often mentioned by their contractors of in the result of Special Survey；
（Our purpose for this is that it is highly necessary to carry out Individual Survey of enterprises whose problems are pointed out not only in last year's survey but also in this year's survey.）
（ⅱ）Orderers whose names were especially well mentioned by their contractors as business partners whose prices remain unchanged and whose business activities significantly affected contractors in the result of Special Survey.
（This is because we regard that there is a high need to conduct Individual Survey to the same extent as the group of orderers in (ⅰ), for enterprises that have been mentioned from a particularly large number of contractors in a single survey.）
In conducting Individual Survey, we have also clarified that we will give notice that the names of enterprises may be published as the result, and that we may issue reporting orders based on Article 40 of the Antimonopoly Act.
We will conduct individual investigations under this policy, and will publish the names of enterprises that fall under the above categories.
Of course, we will also continue to strictly deal with cases that violate the Antimonopoly Act and the Subcontracting Act.
（Tentative translation）
Today, I would like to talk about the policy on the publication of enterprises’ names based on the results of the survey on smooth price pass-through.
For further promoting fair transactions, we are conducting Special Survey since May 2023, following the Emergency Survey in 2022, in order to improve a trade environment that enables appropriate price pass-thorough. The results of the surveys will be compiled and published by the end of 2023.
Last year, we already explained our policy on “Publication of enterprises names” and the results of the Emergency Survey at the regular press conference, and published the names that were confirmed to have kept their prices unchanged without consultation for a large number of business partners, for the purpose of strengthening our efforts for Smooth Price Pass-through.
This time, we decided to proceed with publicizing the names based on the results of this year's Special Survey under the following policy, from the viewpoint of due process.
First of all, in the case where prices are confirmed to remain unchanged without consultation, we publish the names under Article 43 of the Antimonopoly Act. And it does not prejudge the culpability of the enterprises. This remains the same as the last year.
On the other hand, this time, taking the situation after the Emergency Survey into consideration, we decided to focus on enterprises that meet any of the following items with regard to our Individual Survey:
（ⅰ）Orderers whose names were the most mentioned by their contractors because their prices were kept unchanged and affect their business activities significantly, or those who received letters of warning in Emergency Survey last year, and orderers whose names were most often mentioned by their contractors of in the result of Special Survey；
（Our purpose for this is that it is highly necessary to carry out Individual Survey of enterprises whose problems are pointed out not only in last year's survey but also in this year's survey.）
（ⅱ）Orderers whose names were especially well mentioned by their contractors as business partners whose prices remain unchanged and whose business activities significantly affected contractors in the result of Special Survey.
（This is because we regard that there is a high need to conduct Individual Survey to the same extent as the group of orderers in (ⅰ), for enterprises that have been mentioned from a particularly large number of contractors in a single survey.）
In conducting Individual Survey, we have also clarified that we will give notice that the names of enterprises may be published as the result, and that we may issue reporting orders based on Article 40 of the Antimonopoly Act.
We will conduct individual investigations under this policy, and will publish the names of enterprises that fall under the above categories.
Of course, we will also continue to strictly deal with cases that violate the Antimonopoly Act and the Subcontracting Act.
（Tentative translation）
