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Chapter III-2 Monopolistic Situations

Article 8-4

(1) Whenever a monopolistic situation exists, the Fair Trade Commission may order the relevant enterprise, pursuant to the procedures as provided in Section 2 of Chapter VIII, to transfer a part of its business or to take any other measures necessary to restore competition with respect to the relevant goods or services; provided, however, that this does not apply if it is found that such measures may, in relation to the relevant enterprise, reduce the scale of business to such an extent that the expenses required for the supply of goods or services the relevant that the enterprise supplies will rise sharply, undermine its financial position, or make it difficult to maintain its international competitiveness, or if alternative measures that are found to be sufficient for restoring competition with respect to the relevant goods or services can be taken.

(2) In issuing an order pursuant to the preceding paragraph, the Fair Trade Commission must give consideration, based on the matters listed in the following items, to the smooth operation of business activities by the relevant enterprise and enterprise affiliated therewith and the stabilization of life of those employed by the relevant enterprise:

(i) situations of assets, income and expenditures and other aspects of accounting

(ii) situations of officers and employees

(iii) location and other locational conditions of factories, workplaces and offices

(iv) situations of facilities and equipment for the business

(v) the substance of patent rights, trademark rights, and other intellectual property rights and other technological features

(vi) capacity for and situations of production, sales, etc.

(vii) capacity for and situations of funding and acquisition of raw materials, etc.

(viii) situations of supply and distribution of goods or services.

Japan Fair Trade Commission:

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