Silviase/jgov_v1.4_full_ann huggingface dataset:
federation of combinations of two or more enterprises having as its principal purpose the furtherance of their common interests as enterprise and includes the following; provided, however, that a combination or federation of combinations of two or more enterprises which has capital or contributions made by the constituent enterprise, and whose principal purpose is to operate and which is actually operating a commercial, industrial, financial or other business for profit is not included:

(i) any incorporated association or other association of which two or more enterprises are members (including the equivalent thereof)

(ii) any incorporated foundation or other foundation for which two or more enterprises control the appointment and dismissal of officers or managers, the management of business or continuation of its existence

(iii) any partnership for which two or more enterprises are partners, or any contractual combination of two or more enterprises.

(3) The term "officer" as used in this Act means an officer, an executive officer, a managing member, an inspector, an auditor, or an equivalent thereof, a manager, or a chief of business of the main or branch office.

(4) The term "competition" as used in this Act means a state in which two or more enterprises, within the normal scope of their business activities and without making any material change to the facilities for, or kinds of, such business activities, engage in, or are able to engage in, any act listed in the following items.

(i) supplying the same or similar goods or services to the same user

(ii) receiving supplies of the same or similar goods or services from the same supplier

(5) The term "private monopolization" as used in this Act means such business activities, by which any enterprise, individually or by combination, in conspiracy with other enterprises, or by any other manner, excludes or controls the business activities of other enterprises, thereby causing, contrary to the public interest, a substantial restraint of competition in any particular field of trade.

(6) The term "unreasonable restraint of trade" as used in this Act means such business activities, by which any enterprise, by contract, agreement or any other means irrespective of its name, in concert with other enterprises, mutually restrict or conduct their business activities in such a manner as to fix, maintain or increase prices, or to limit production, technology, products, facilities or counterparties, thereby causing, contrary to the public interest, a substantial restraint of competition in any particular field of trade.

(7) The term "monopolistic situation" as used in this Act means circumstances in which each of the following market structures and negative effect in the market exist in any particular field of business when the aggregate total value
(this term refers to the prices of the relevant goods less an amount equivalent to the amount of taxes levied directly on such goods) of goods of the same description (including goods capable of being supplied without making any material change to the facilities for, or kinds of, such business activities; hereinafter referred to as "Particular Goods" in this paragraph) and those of any other goods having an extremely similar function and utility thereto, which are supplied in Japan (excluding those exported), or the total value (this term refers to the prices of the relevant services less an amount equivalent to the amount of taxes levied on the recipient of such services with respect thereto) of services of the same description which are supplied in Japan, during the latest one-year period designated by Cabinet Order, exceeds one hundred billion yen:

(i) a single enterprise's share of a field of business (meaning, out of the aggregate volume (if calculation in terms of volume is not appropriate, out of the aggregate value; hereinafter the same applies in this item) of the Particular Goods and any other goods with an extremely similar function and utility that are supplied in Japan (excluding those exported), or out of the aggregate volume of the services that are supplied in Japan, the ratio of Particular Goods and any other goods with an extremely similar function and utility or services that are supplied by the enterprise; hereinafter the same applies in this item) exceeding one-half or two enterprise's combined share of a field of business exceeding three-fourths during the relevant one-year period.

(ii) the existence of conditions that make it extremely difficult for any other enterprise to newly enter the relevant particular field of business.

(iii) the existence of a remarkable increase or of a slight decrease in the price of the Particular Goods or services supplied by the relevant enterprise during a considerable period of time in light of the changes in supply and demand, and changes in the cost of supply, for the Particular Goods or services, and the enterprise falling under any of the following items during the period.

(a) that the enterprise has made a profit at a rate far exceeding the profit rate specified by Cabinet Order as the standard for the business type specified by Cabinet Order to which the relevant enterprise belongs

(b) that the enterprise has expended selling and general administrative expenses which are considered to be far exceeding the standard selling and general administrative expenses for the field of business to which the relevant enterprise belongs

(8) If a change in economic conditions results in an extreme change in domestic shipments from producers and wholesale prices, the amount in the preceding paragraph is separately provided for by Cabinet Order, in consideration of such conditions.
(9) The term "unfair trade practices" as used in this Act means an act falling under any of the following items:

(i) engaging, without justifiable grounds, in any of the following acts, in concert with a competitor:

(a) refusing to supply to a certain enterprise or restricting the quantity or substance of goods or services supplied to a certain enterprise

(b) causing another enterprise to refuse to supply a certain enterprise, or to restrict the quantity or substance of goods or services supplied to a certain enterprise

(ii) unjustly and continually supplying goods or services at a price applied differentially between regions or between parties, thereby tending to cause difficulties to the business activities of other enterprise

(iii) without justifiable grounds, continuously supplying goods or services at a price far below the cost incurred to supply them, thereby tending to cause difficulties to the business activities of other enterprises

(iv) supplying goods to another party who purchases the relevant goods from oneself while imposing, without justifiable grounds, one of the restrictive terms listed below:

(a) causing the party to maintain the selling price of the goods that one has determined, or otherwise restricting the party's free decision on selling price of the goods

(b) having the party cause an enterprise that purchases the goods from the party maintain the selling price of the goods that one has determined, or otherwise causing the party to restrict the relevant enterprise's free decision on the selling price of the goods.

(v) engaging in any act specified in one of the following by making use of one's superior bargaining position over the counterparty unjustly, in light of normal business practices:

(a) causing the counterparty in continuous transactions (including a party with whom one newly intends to engage in continuous transactions; the same applies in (b) below) to purchase goods or services other than those to which the relevant transactions pertain

(b) causing the counterparty in continuous transactions to provide money, services or other economic benefits

(c) refusing to receive goods in transactions with the counterparty, causing the counterparty to take back such goods after receiving them from the counterparty, delaying payment to the counterparty or reducing the amount of payment, or otherwise establishing or changing trade terms or executing transactions in a way disadvantageous to the counterparty

(vi) any act falling under any of the following items, which tends to impede fair competition and which is designated by the Fair Trade Commission,
other than the acts listed in the preceding items:

(a) unjustly treating other enterprises in a discriminatory manner

(b) engaging in transactions at an unjust price

(c) unjustly inducing or coercing the customers of a competitor to deal with one

(d) dealing with another party on such conditions that will unjustly restrict the business activities of the counterparty

(e) dealing with the counterparty by making use of one's superior bargaining position unjustly

(f) unjustly interfering with a transaction between an enterprise in competition with one in Japan or a corporation of which one is a shareholder or an officer and another transaction counterparty; or, if such enterprise is a corporation, unjustly inducing, instigating or coercing a shareholder or officer of such corporation to act against the corporation's interests.

Article 2-2 (1) The term "market share" as used in this Chapter means the ratio of the volume of goods or services that one or two or more enterprises supplies or receives, to the aggregate total volume of the relevant goods or services supplied in any particular field of trade within a particular period, or the ratio of the value of goods or services that one or two or more enterprises supplies or receives, to the aggregate total value of the relevant goods or services supplied in any particular field of trade within a particular period.

(2) The term "co-subsidiary, etc." as used in this Chapter means subsidiaries of an enterprise (meaning corporations for which the majority of the voting rights (excluding voting rights from shares for which cannot be exercised for all matters on which a resolution can be passed at the shareholders meeting, but including voting rights from shares that are deemed to confer voting rights pursuant to the provisions of Article 879, paragraph (3) of the Companies Act (Act No. 86 of 2005) and voting rights from shares that cannot be duly asserted against the issuer pursuant to the provisions of Article 147, paragraph (1) or Article 148, paragraph (1) of the Act on Book-Entry Transfer of Company Bonds, Shares (Act No. 75 of 2001); the same applies hereinafter in this paragraph and the following paragraph) of all shareholders (including all members; the same applies in this paragraph and the following paragraph) are held by another juridical person. In such cases, if a juridical person and one or more of its subsidiaries or if one or more subsidiaries of a juridical person hold the majority of the shareholders' voting rights in another corporation, the other corporation is deemed to be a subsidiary of the juridical person; the same applies hereinafter in this paragraph), a parent company of an enterprise (meaning another corporation of which the corporation is a subsidiary; the same applies in this paragraph), or another corporation
whose parent company is the same as that of the enterprise.

(3) The term "wholly owned co-subsidiary, etc." as used in this Chapter means wholly owned subsidiaries of an enterprise (meaning corporations for which all the voting rights are held by another juridical person. In such cases, if a juridical person and one or more of its wholly owned subsidiaries or if one or more wholly owned subsidiaries of a juridical person hold all of the shareholders' voting rights in another corporation, the other corporation is considered as a wholly owned subsidiary of the juridical person; the same applies hereinafter in this chapter and in Chapter V), a wholly owning parent company of an enterprise (meaning another corporation of which the corporation is a wholly owned subsidiary; the same applies hereinafter in this paragraph), or another corporation whose wholly owning parent company is the same as that of the enterprise.

(4) The term "Supplying Co-Subsidiary, etc." as used in this Chapter means the co-subsidiary, etc. of the enterprise that committed a violation stipulated either in Article 7-2, paragraph (1) or Article 7-9, paragraph (1) or (2) (hereinafter referred to simply as a "violation" in this article excluding paragraphs (13) and (14)), having provided goods or services connected with the relevant violation in the particular field of trade connected with the violation.

(5) The term "Violating Supplying Co-Subsidiary, etc." as used in this Chapter means the Supplying Co-Subsidiary, etc. that committed a violation in the particular field of trade connected with the relevant violation.

(6) The term "Non-Violating Supplying Co-Subsidiary, etc." as used in this Chapter means the Supplying Co-Subsidiary, etc. that has never committed a violation in the particular field of trade connected with the relevant violation.

(7)The term "Specified Non-Violating Supplying Co-Subsidiary, etc." as used in this Chapter means the Non-Violating Supplying Co-Subsidiary, etc. related as a wholly owned subsidiary to the enterprise that committed a violation, providing the goods or services connected with the violation based on the instruction or information from the enterprise pertaining to the provision of the relevant goods or services.

(8) The term "Purchasing Co-Subsidiary, etc." as used in this Chapter means the Co-Subsidiary, etc. of the enterprise that committed a violation and received supplies of goods or services in the particular field of trade connected with the relevant violation.

(9) The term "Violating Purchasing Co-Subsidiary, etc." as used in this Chapter means the Purchasing Co-Subsidiary, etc. that committed a violation in the particular field of trade connected with the violation.

(10) The term "Non-Violating Purchasing Co-Subsidiary, etc." as used in this Chapter means the Purchasing Co-Subsidiary, etc. that has never committed
a violation in the particular field of trade connected with the violation.

(11) The term "Specified Non-Violating Purchasing Co-Subsidiary, etc." as used in this Chapter means the Non-Violating Purchasing Co-Subsidiary, etc. related as a wholly owned subsidiary, etc. to the enterprise that committed a violation, receiving the goods or services connected with the violation based on the instruction or information from the enterprise pertaining to receiving the relevant goods or services.

(12) The term "advance notification" as used in this Chapter means a notification which the Fair Trade Commission sends to the enterprise that committed a violation, pursuant to the provisions of Article 50, paragraph (1) as applied mutatis mutandis pursuant to Article 62, paragraph (4) following the deemed replacement of terms, if the Commission orders to pay a surcharge pursuant to the provisions of Article 7-2, paragraph (1) or Article 7-9, paragraphs (1) or (2).

(13) The term "Period of Implementation" as used in this Chapter means the period from the date on which the enterprise began implementing the act of the violation provided in Article 7-2, paragraph (1) or Article 7-9, paragraph (1) in its business activities (if the date on which the measure listed in Article 47, paragraph (1), items (i), (iii) or (iv), or the measure provided in Article 102, paragraph (1) or (2), or the measure provided in each of the items under Article 103-3, paragraph (3) was first taken to the enterprise for the case connected with the relevant violation (if the measure was not taken, the date on which the enterprise received an advance notification in connection with the violation) is before the date ten years preceding the date of the implementing; the date ten years preceding the date of the measure), to the date on which the enterprise stopped implementing the act of the violation in its business activities.

(14) The term "Violation Period" as used in this Chapter means the period from the date on which the enterprise began engaging in the act of the violation provided in Article 7-9, paragraph (2) (if the date on which the measure listed in Article 47, paragraph (1), items (i), (iii) or (iv), or the measure provided in Article 102, paragraph (1) or (2), or in each of the items under Article 103-3, paragraph (3) was first taken to the enterprise for the case connected with the relevant violation (if the measure was not taken, the date on which the enterprise received an advance notification in connection with the violation) is before the date ten years preceding the date of the engaging; the date ten years preceding the date of the measure), to the date on which the enterprise stopped engaging in the act of the violation.

(15) The term "Investigation Start Date" as used in this Chapter (excluding Article 7, paragraph (4)) means the date on which the measure listed in Article 47, paragraph (1), items (i), (iii) or (iv), or the measure provided in
Article 102, paragraph (1) or (2), or the measure provided in each of the items under Article 103-3 was first taken for the case connected with the relevant violation (if the measure was not taken, the date on which the enterprise received an advance notification in connection with the violation).

Chapter II Private Monopolization and Unreasonable Restraint of Trade

Article 3 An enterprise must not effect private monopolization or unreasonable restraint of trade.

Article 4 and Article 5 Deleted.

Article 6 An enterprise must not enter into an international agreement or an international contract which contains such matters which fall under unreasonable restraint of trade or unfair trade practices.

Article 7 (1) Whenever an act in violation of the provisions of Article 3 or the preceding Article occurs, the Fair Trade Commission may, pursuant to the procedures provided in Section 2 of Chapter VIII, order the relevant enterprise to cease and desist the relevant act, to transfer a part of the relevant enterprise's business, or to take any other measures necessary to eliminate the act in violation of the provisions.

(2) Whenever the Fair Trade Commission finds it to be particularly necessary, even if an act in violation of the provisions of Article 3 or the preceding Article has already ceased to exist, the Fair Trade Commission may, pursuant to the procedures provided in Section 2 of Chapter VIII, order the following person to take measures to make public that the act has been discontinued and to take any other measures necessary to ensure the elimination of the relevant act; provided, however, that this does not apply if seven years have passed since the date of discontinuation of the relevant act.

(i) enterprise that committed the relevant act

(ii) if the enterprise that committed the relevant act is a juridical person, any juridical person surviving, or established as a result of the merger the enterprise ceased to exist

(iii) if the enterprise that committed the relevant act is a juridical person, any juridical person who has acquired all or part of the business involving the relevant act from the enterprise by virtue of a company split

(iv) any enterprise that has acquired all or part of the business involving the relevant act from the enterprise that committed the relevant act

Article 7-2 (1) If an enterprise effects unreasonable restraint of trade or enters into an international agreement or an international contract containing particulars, falling under unreasonable restraint of trade, that is related to the price of goods or services or substantially restrain supply or purchase volume, market share or transaction counterparties with respect to goods or services and thereby affects their price, the Fair Trade Commission must order the
enterprise, pursuant to the procedures as provided in Section 2 of Chapter VIII, to pay to the national treasury a surcharge of an amount equivalent to the total sum of ten percent of the amount listed in items (i) to (iii) inclusive below and the amount listed in item (iv) below; provided, however, that if the amount thus calculated is less than one million yen, the Commission may not order the payment of such a surcharge.

(i) The amount of sales of the relevant goods or services that the enterprise and its Specified Non-Violating Suppling Co-Subsidiary, etc. supplied in the particular field of trade connected with the relevant violation (limited to the violation related to supplying goods or services; hereinafter the same applies in this item) (excluding the goods or services that the Specified Non-Violating Supplying Co-Subsidiary, etc. supplied to the enterprise and the goods or services that the enterprise or the Specified Non-Violating Supplying Co-Subsidiary, etc. supplied to the Supplying Co-Subsidiary of the enterprise, etc.), and the relevant goods or services that the enterprise and the Specified Non-Violating Supplying Co-Subsidiary, etc. supplied to the Supplying Co-Subsidiary, etc. in the particular field of trade (excluding the goods or services that the Supplying Co-Subsidiary, etc. (limited to the Violating Supplying Co-Subsidiary, etc. or Specified Non-Violating Supplying Co-Subsidiary, etc. of the enterprise) received from the enterprise or the Specified Non-Violating Supplying Co-Subsidiary, etc. in order to supply the goods or services to others) for the Period of Implementation connected with the violation, calculated using the method provided by Cabinet Order.

(ii) The amount of purchases of the relevant goods or services that the enterprise and its Specified Non-Violating Purchasing Co-Subsidiary, etc. received in the particular field of trade connected with the relevant violation (limited to the violation related to receiving goods or services; hereinafter the same applies in this item) (excluding the goods or services that the Specific Non-Violating Purchasing Co-Subsidiary, etc. received from the enterprise and the goods or services that the enterprise or the Specified Non-Violating Purchasing Co-Subsidiary, etc. received from the Purchasing Co-Subsidiary, etc. of the enterprise), and the relevant goods or services that the enterprise and the Specified Non-Violating Purchasing Co-Subsidiary, etc. received from the Purchasing Co-subsidiary, etc. in the particular field of trade connected with the violation (excluding the goods or services that the Purchasing Co-Subsidiary, etc. (limited to the Violating Purchasing Co-Subsidiary, etc. or the Specified Non-Violating Purchasing Co-Subsidiary, etc.) received from others in order to supply the goods or services to the enterprise or the Specified Non-Violating Purchasing Co-Subsidiary, etc.) for the Period of Implementation connected with the