Silviase/jgov_v1.4_full_ann huggingface dataset:
(5) The provisions of paragraphs (2) to (8) inclusive of Article 17 of the Act for Establishment of the Cabinet Office apply mutatis mutandis to the establishment, the scope of the affairs under the jurisdiction, and the internal organization of the secretariat and bureaus referred to in the preceding paragraph.

(6) The secretariat and bureaus established pursuant to the provisions of paragraph (4) do not exceed three in number.

(7) A public prosecutor, an attorney practicing at the time of the appointment or a person qualified to be an attorney must be among the staff members of the general secretariat.

(8) The duties of the staff member who is the public prosecutor referred to in the preceding paragraph are limited to duties related to cases of violation of the provisions of this Act.

Article 35-2 (1) Local offices are established at necessary locations as local organizations of the general secretariat of the Fair Trade Commission.

(2) The names, locations and jurisdictional districts of the local offices referred to in the preceding paragraph are provided by Cabinet Order.

(3) Branches may be established at necessary locations under the local offices referred to in paragraph (1) to conduct some of the affairs of the local offices.

(4) The names, locations and jurisdictional districts of the branches referred to in the preceding paragraph are provided by Cabinet Office Ordinance.

Article 36 (1) The remuneration of the chairman and commissioners are provided for separately.

(2) The remuneration of the chairman and commissioners may not, against their will, be reduced in amount while they are in office.

Article 37 The chairman, the commissioners and the staff members of the Fair Trade Commission prescribed by Cabinet Order may not engage in any of the following acts while they are in office:

(i) becoming a member of the Diet or of the council of a local public entity, or actively engaging in political activities

(ii) engaging in any other remunerative duties except as permitted by the Prime Minister

(iii) engaging in commerce or any other business for monetary profit

Article 38 The chairman, commissioners and staff members of the Fair Trade Commission must not express their opinions outside the Fair Trade Commission on the existence or non-existence of facts or the application of laws and regulations with regard to a case; provided, however, this does not apply to a case provided for in this Act or to a case in which the results of their research on this Act are published.

Article 39 The chairman, commissioners and staff members of the Fair Trade Commission and any person who once held such a position must not divulge to
others or make surreptitious use of the secrets of enterprises that came to their knowledge in the course of their duties.

Article 40 The Fair Trade Commission may, if necessary for the performance of its duties, order public offices, juridical persons formed by special laws and regulations, enterprises or organizations of enterprises, or their personnel to appear before the Fair Trade Commission, or require them to submit necessary reports, information or materials.

Article 41 The Fair Trade Commission may, if necessary for the performance of its duties, commission public offices, juridical persons formed by special laws and regulations, schools, enterprises, organizations of enterprises, persons with the relevant knowledge and experience, or others to carry out necessary investigations.

Article 42 The Fair Trade Commission may, if necessary for the performance of its duties, hold public hearings to obtain the opinions of the public.

Article 43 The Fair Trade Commission may, in order to ensure the proper operation of this Act, make any necessary matters public except for the secrets of enterprises.

Article 43-2 (1) The Fair Trade Commission may provide any foreign authority responsible for enforcement of any foreign laws and regulations equivalent to those of this Act (hereinafter referred to in this Article as a "Foreign Competition Authority") with information that is deemed helpful and necessary for the execution performance of the Foreign Competition Authority's duties (limited to duties equivalent to those of the Fair Trade Commission as provided in this Act; the same applies in the following paragraph); provided, however, that this does not apply if the provision of the relevant information is found likely to interfere with the proper execution of this Act or to infringe on the interests of Japan in any other way.

(2) Whenever the Fair Trade Commission provides information to a Foreign Competition Authority pursuant to the provisions of the preceding paragraph, the Fair Trade Commission must confirm the matters listed in the following items:

(i) that the relevant Foreign Competition Authority is capable of providing information equivalent to the information provided pursuant to the provisions of the preceding paragraph

(ii) that the secrecy of information provided as secret pursuant to the provisions of the preceding paragraph will be protected under the laws and regulations of the relevant foreign country to a degree that is equivalent to the degree to which the secrecy of such information is protected in Japan

(iii) that the information provided pursuant to the provisions of the preceding paragraph will not be used by the relevant Foreign Competition Authority for purposes other than those contributing to the performance of its duties
(3) Appropriate measures must be taken so that the information provided pursuant to the provisions of paragraph (1) is not used for criminal proceedings undertaken by a court or a judge in a foreign country.

Article 44 (1) The Fair Trade Commission must report annually to the Diet, through the Prime Minister, on the enforcement of this Act.

(2) The Fair Trade Commission may submit to the Diet, through the Prime Minister, its opinions on matters necessary to attain the purpose of this Act. Section 2 Proceedings

Article 45 (1) Whenever any person believes there to be a fact in violation of the provisions of this Act, the person may report the fact to the Fair Trade Commission and ask for appropriate measures to be taken.

(2) When the Fair Trade Commission receives a report as provided in the preceding paragraph, it must make the necessary investigations into the case.

(3) If a report made pursuant to the provisions of paragraph (1) includes a written allegation with regard to a specific fact pursuant to the provisions of the Rules of the Fair Trade Commission, when the Fair Trade Commission decides to take appropriate measures or to take no measures with respect to the case connected with the report, the Fair Trade Commission must promptly notify the person who made the report to that effect.

(4) Whenever the Fair Trade Commission believes there to be a fact in violation of the provisions of this Act or a fact falling under the purview of a monopolistic situation, the Fair Trade Commission may take appropriate measures on its own authority.

Article 46 (1) If the Fair Trade Commission believes there to be a fact that falls under the purview of a monopolistic situation and decides to take the measures set forth in paragraph (4) of the preceding Article, the Fair Trade Commission must notify the competent minister for the business that the enterprise concerned operates to that effect.

(2) When a notice set forth in the preceding paragraph has been given, the competent minister may express the competent minister's opinion to the Fair Trade Commission regarding the existence or non-existence of a monopolistic situation and other measures that the competent minister considers sufficient to restore competition as provided in the proviso to Article 8-4, paragraph (1). Article 47 (1) In order to conduct the necessary investigation with regard to a case, the Fair Trade Commission may take the following measures:

(i) order persons concerned with a case or witness to appear to be interrogated, or collect their opinions or reports

(ii) order expert witnesses to appear to give expert opinions

(iii) order persons holding books and documents and other object to submit such objects, or keep such submitted objects at the Fair Trade Commission (iv) enter any business office of the persons concerned with a case or other
necessary sites, and inspect conditions of business operation and property, books and documents, and other materials

(2) If the Fair Trade Commission finds it to be appropriate, it may designate a staff member of the Fair Trade Commission as an investigator pursuant to Cabinet Order, and cause the staff member to take the measures set forth in the preceding paragraph.

(3) If the Fair Trade Commission causes a staff member to conduct an on-site inspection pursuant to the provisions of the preceding paragraph, the Fair Trade Commission must instruct the staff member to carry an identification card and to present it to the persons concerned.

(4) The authority to take measures pursuant to the provisions of paragraph (1) must not be construed as being granted for conducting criminal investigation. Article 48 Whenever the Fair Trade Commission conducts the necessary investigations for a case, it is to compile a record of the substance of the investigation, and whenever it takes a measure provided in paragraph (1) of the preceding Article, it must clearly record the date on which the measure was taken and the results thereof.

Article 48-2 If the Fair Trade Commission believes there to be a fact in violation of the provisions of Article 3, Article 6, Article 8, Article 9 (1) or (2), Article 10 (1), Article 11 (1), Article 13, Article 14, Article 15 (1), Article 15-2 (1), Article 15-3 (1), Article 16 (1), Article 17 or Article 19 and recognizes that it is necessary for promotion of fair and free competition, it may notify the party conducting the act that was the reason for that suspicion of the following matters in writing. Provided, however, that this does not apply after notice under the provisions of Article 50 (1) (including when these are applied mutatis mutandis pursuant to Article 62 (4) following the deemed replacement of terms) was made.

(i) the overview of the relevant act

(ii) the clause of laws and regulations for which there is suspicion of violation

(iii) the fact that it is possible to make an application for approval under the provisions of Article 48-3 (1)

Article 48-3 (1) When a party that has received a notice pursuant to the provisions of the previous article intends to formulate and conduct measures that are necessary in order to exclude the act that was the reason for the suspicion, it may create a plan (hereinafter referred to as the “Exclusion Measures Plan” in this article and Article 48-5) related to the measures that it intends to conduct (hereinafter referred to as the “Exclusion Measures” in this article to Article 48-5), submit that plan to the Fair Trade Commission within sixty days after the relevant notice and apply for its approval, pursuant to the provisions of the Rules of the Fair Trade Commission.

(2) The Exclusion Measures Plan must contain the following:
(i) the content of the Exclusion Measures

(ii) the deadline for conducting the Exclusion Measures

(iii) other matters specified by the Rules of the Fair Trade Commission

(3) When there has been an application for approval pursuant to the provisions of paragraph(1), the Fair Trade Commission is to approve the plan if the Fair Trade Commission finds that Exclusion Measures Plan conforms to both of the following items.

(i) the Exclusion Measures are sufficient for excluding the act that was the reason for the suspicion.

(ii) the Exclusion Measures are expected to be reliably conducted.

(4) The approval of the preceding paragraph must be rendered in writing, and the chairman and the commissioners who attended the meeting pursuant to the provisions of Article 65 (1) must affix their names and seals on the statement of approval.

(5) The approval under the provisions of paragraph(3) is to take effect by serving a copy of the statement of approval on addressee thereof.

(6) When there has been an application for approval pursuant to the provisions of paragraph(1) has been made, the Fair Trade Commission must render a decision to dismiss it if the Fair Trade Commission finds that Exclusion Measures Plan does not conform to any of the items of paragraph(3).

(7) The provisions of paragraphs(4) and (5) apply mutatis mutandis to a decision pursuant to the provisions of preceding paragraph. In such a case, the term “statement of approval” in paragraphs(4) and (5) is deemed to be replaced with “statement of decision.”

(8) When a party that has received the approval of paragraph(3) intends to change the Exclusion Measures Plan related to that approval, it must receive approval by the Fair Trade Commission, pursuant to the provisions of the Rules of the Fair Trade Commission.

(9) The provisions of paragraphs(3) to (7) apply mutatis mutandis to approval for changes pursuant to the provisions of preceding paragraph.

Article 48-4 The provisions of Article 7 (1) and (2) (including when these are applied mutatis mutandis pursuant to Article 8-2 (2) and Article 20 (2)), Article 7-2 (1) (including when these are applied mutatis mutandis pursuant to Article 8-3 following the deemed replacement of terms), Article 7-9 (1) and (2), Article 8-2 (1) and (3), Article 17-2, Article 20 (1), and Article 20-2 to Article 20-6 shall not apply for the act that was the reason for suspicion related to that approval and the act related to the Exclusion Measures, if the Fair Trade Commission gave the approval of paragraph (3) of the preceding Article (including approval for changes pursuant to Article 48-3 (8); the same applies in Article 49, Article 65, Article 68 (1), and Article 76(2)); provided, however, that this does not
apply if there is a decision pursuant to the provisions of paragraph (1) of the following Article.

Article 48-5 (1) When either of the following items applies, the Fair Trade Commission must render a decision to rescind the approval of Article 48-3 (3).

(i) when the Fair Trade Commission recognizes that the Exclusion Measures are not being conducted according to the Exclusion Measures Plan that received the approval of Article 48-3 (3)

(ii) when it has been revealed that the party that received the approval of Article 48-3 (3) received that approval based on false or wrongful facts

(2) The provisions of Article 48-3 (4) and (5) apply mutatis mutandis to a decision pursuant to the provision of the preceding paragraph. In such a case, the term “statement of approval” in Article 48-3 (4) and (5) is deemed to be replaced with “statement of decision.”

(3) In the event that there has been rescission of the approval of Article 48-3 (3) pursuant to the provisions of paragraph(1), when that rescission was on or after the date two years before the expiration date of the period stipulated in proviso to Article 7 (2) (including when these are applied mutatis mutandis pursuant to Article 8-2 (2) and Article 20 (2); the same applies hereinafter in this paragraph), an order pursuant to the provisions of Article 7 (2) (including when these are applied mutatis mutandis pursuant to Article 8-2 (2) and Article 20 (2)) or Article 8-2 (3) may be issued for the act that was the reason for the suspicion related to that approval, notwithstanding the provisions of proviso to Article 7 (2), within the two-year period from the date of the decision for rescission.

(4) The provisions of the preceding paragraph apply mutatis mutandis to the order pursuant to the provisions of Article 7-2 (1) (including when these are applied mutatis mutandis pursuant to Article 8-3 following the deemed replacement to term) of Article 7-9 (1) or (2), or Article 20-2 to Article 20-6. In such a case, in the preceding paragraph, the term "proviso to Article 7 (2) (... pursuant to Article 8-2 (2) and Article 20 (2)" is deemed to be replaced with "the provision of proviso to Article 7-8 (6) (... pursuant to Article 7-9 (3) and Article 8-3, the term "proviso to Article 7 (2)" is deemed to be replaced with "notwithstanding the provision of Article 7-8 (6)."

Article 48-6 Whenever the Fair Trade Commission finds it to be particularly necessary for promotion of fair and free competition, even if the act that was the reason for the suspicion of violation of the provisions of Article 3, Article 6, Article 8, or Article 19 has already ceased to exist, it may notify the party stated in item 1 in the form of a document of the matters in item 2 in writing. Provided, however, that this does not apply after notice was made pursuant to
the provisions of Article 50 (1) (including when these are applied mutatis mutandis pursuant to 62 (4) following the deemed replacement of term).

(i) the following party

(a) the party who committed the act that was the reason for the suspicion

(b) if the party who committed the act that was the reason for the suspicion

is a juridical person, any juridical person surviving, or established as a

result of the merger the juridical person ceased to exist

(c) if the party who committed the act that was the reason for the suspicion is juridical person, any juridical person who has acquired all or part of the business involving the relevant act from the juridical person by virtue of a company spilt

(d) any party who acquired all or part of the business involving the relevant act from the party who committed the act that was the reason for the suspicion

(ii) the following matters

(a) overview of the act that was the reason for the suspicion

(b) clause of the laws and regulations for which there was suspicion of violation

(c) the fact that it is possible to make an application for approval under the provisions of Article 48-7 (1)

Article 48-7 (1) When a party who has received a notice pursuant to the provisions of the previous article intends to formulate and conduct measures that are necessary in order to ensure that the act that was the reason for suspicion has been excluded, it may create a plan (hereinafter referred to as “Plan for Measures to Ensure Exclusion” in this article and Article 48-9) related to the measures that it intends to conduct (hereinafter referred to as “Measures to Ensure Exclusion” in this article to Article 48-9), submit that plan to the Fair Trade Commission within sixty days after the relevant notice, and apply for approval, pursuant to according to the provisions of the Rules of the Fair Trade Commission.

(2)The Plan for Measures to Ensure Exclusion must contain the following:

(i) the content of the Measures to Ensure Exclusion

(ii) the deadline for conducting the Measures to Ensure Exclusion

(iii) other matters specified by the Rules of the Fair Trade Commission

(3) When there has been an application for approval pursuant to the provisions of Article 48-7 (1), the Fair Trade Commission is to approve the plan if the Fair Trade Commission finds that Plan for Measures to Ensure Exclusion conforms to both of the following items,

(i) The Measures to Ensure Exclusion are sufficient for ensuring that the act that was the reason for the suspicion was excluded.

(ii) The Measures to Ensure Exclusion are expected to be reliably conducted.
(4) The provisions of Article 48-3 (4) and (5) apply mutatis mutans to the approval pursuant to the provisions of the preceding paragraph.

(5) When there has been an application for approval pursuant to the provisions of paragraph(1) has been made, the Fair Trade Commission must render a decision to dismiss it if the Fair Trade Commission finds that Plan for Measures to Ensure Exclusion does not conform to any of the items of paragraph(3).

(6) The provisions of Article 48-3 (4) and (5) apply mutatis mutandis to a decision pursuant to the provision of the preceding paragraph. In such a case, the term “statement of approval” in Article 48-3 (4) and (5) is deemed to be replaced with “statement of decision.”

(7) When a party that has received the approval of paragraph(3) intends to change the Plan for Measures to Ensure Exclusion related to that approval, it must receive approval by the Fair Trade Commission, pursuant to the provisions of the Rules of the Fair Trade Commission.

(8) The provisions of paragraphs(3) to (6) apply mutatis mutandis to approval for changes pursuant to the provision of the preceding paragraph.

Article 48-8 The provisions of Article 7 (1) and (2) (including when these are applied mutatis mutandis pursuant to Article 8-2 (2) and Article 20 (2)), Article 7-2 (1) (including when these are applied mutatis mutandis pursuant to Article 8-3 following the deemed replacement of term), Article 7-9 (1) and (2) Article 8-2 (1) and (3), Article 20 (1), and Article 20-2 to Article 20-6 shall not apply for the act that was the reason for the suspicion related to that approval and the act related to the Measures to Ensure Exclusion, if the Fair Trade Commission gave the approval of Article 48-7 (3) (including approval for changes pursuant to the provisions of Article 48-7 (7); the same applies in the following Article, Article 65, Article 68 (2) and Article 76 (2)); provided, however, that this does not apply if there is a decision pursuant to the provisions of paragraph (1) of the following Article.

Article 48-9 (1) When either of the following items applies, the Fair Trade Commission must render a decision to rescind the approval of Article 48-7 (3).

(i) When the Fair Trade Commission recognizes that the Measures to Ensure Exclusion are not being conducted according to the Plan for Measures to Ensure Exclusion that received the approval of Article 48-7 (3).

(ii) When it has been revealed that the party that received the approval of Article 48-7 (3) received that approval based on false or wrongful facts.

(2) The provisions of Article 48-3 (4) and (5) apply mutatis mutandis to a decision pursuant to the provision of preceding paragraph. In such a case, the term “statement of approval” in Article 48-3 (4) and (5) is deemed to be replaced with “statement of decision.”