October 6/2005
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) and compulsory measures for criminal investigations and others was promulgated on April 27, 2005.
The Fair Trade Commission of Japan (JFTC) prepared the Cabinet Ordinances and the JFTC Rules for immediate implementation of the Amended Act.
Today the JFTC finalized and published the Ordinances and the Rules.
1. The Cabinet Ordinances and the JFTC Rules
(1) The date the Amended Act takes effect
Regarding the date when the Amended Act takes effect, the Cabinet Ordinance which fixes it on January 4, 2006 (The Cabinet Ordinance to Fix the Enforcement Date of the Act to Amend the Act Concerning the Prohibition of Private Monopolization and Maintenance of Fair Trade) will be proposed to the cabinet meeting on October 7, 2005.
(2) Public Comments and Revision of the Draft
The JFTC published the draft of “Rules on Hearing by the Fair Trade Commission”, “Rules on Administrative Investigations by the Fair Trade Commission”, “Rules on Compulsory Investigation of Criminal Cases by the Fair Trade Commission” and “Rules on Reporting and Submission of Materials Regarding Immunity From or Reduction of Surcharges” on June 30, 2005, and the draft of “The Cabinet Ordinance to Amend the Implementation Ordinance for the Act Concerning the Prohibition of Private Monopolization and Maintenance of Fair Trade” on July 20 and 27, 2005, and invited every interesting party to submit its comments on the draft Ordinance and Rules. Then, 23 comments on the draft Rules and 6 comments on draft Ordinance were submitted.
The JFTC, after the considerable examination of the comments, revised some parts of the drafts and finalized the Ordinance and the Rules.
“The Cabinet Ordinance to Amend the Implementation Ordinance for the Act Concerning the Prohibition of Private Monopolization and Maintenance of Fair Trade” will also be proposed to the cabinet meeting on October 7, 2005.
The Ordinances and the Rules will also be effective from January 4, 2006.
2. Revision of the JFTC’s Policy on Criminal Accusation
Since compulsory measures for criminal investigations are introduced by the Amended Act, the JFTC will revise ”The Fair Trade Commission’s Policy on Criminal Accusation Regarding Antimonopoly Violations” (June 20, 1990) and publish renewed “The Fair Trade Commission’s Policy on Criminal Accusation and Compulsory Investigation of Criminal Cases Regarding Antimonopoly Violations”.
3. Links
Following Rules and Policy translated into English are available on our web site.
(Tentative translation: only Japanese text is authentic.)
*Every announcement is tentative translation. Please refer to the original text written in Japanese.
