Silviase/jgov_v1.4_full_ann huggingface dataset:
opinions of the constituent firms concerned, and, if necessary, exchange views with and hold hearings from knowledgeable third parties, users of the goods or services in question, and others.

In addition, the use and observance of self-regulation and so forth should be left to the discretion of the constituent firms; a trade association's forcing the constituent firm to use or to obey self-regulation and so forth is likely to pose a problem in light of the Antimonopoly Act (Sec. 8 (iv)).

B. Judgments concerning Self-imposed Certification, Authorization, etc.

With regard to autonomous certification, authorization, and similar conduct, the following will be considered in addition to the factors described in sub-paragraph A above.

{1} The use of self-imposed certification, authorization, and so forth should be left to the discretion of constituent firms; a trade association's forcing a constituent firm to use self-imposed certification, authorization, and so forth is likely to pose a problem in light of the Antimonopoly Act (Sec. 8 (iv)).

(2) Under conditions (Note 5) where it is difficult for a firm to conduct business without receiving self-imposed certification, authorization, and so forth from the association, the association is likely to be in violation of the Antimonopoly Act if it imposes restrictions on a specified firm with respect to the use of said certification, authorization, and so forth without rightful reasons. Therefore, under such conditions, the use of self-imposed certification, authorization, and so forth should open to firms, including non-constituent firms. (Charging a reasonable amount of money from non-constituent firms as payment for expenses related to the use of self-imposed certification, authorization, and so forth, does not pose a problem.) (Sec. 8 (iii), (iv) and (v))

## Note 1:

{1} The term "self-regulation and so forth" as used in Item 7 refers to the following activities of an association: establishing, for purposes that the association considers rightful, self-imposed standards or codes concerning the variety, quality, standards, or other aspects of goods or services supplied or received by firms; working to promote the propagation and dissemination of said standards or codes; and making voluntary commitments, giving guidance, or issuing announcements regarding the use or observance of said standards or codes.

(2) The term "self-imposed certification, authorization, and so forth" as used in Item 7 refers to an association's certifying that goods or services supplied or received by firms that comply with self-imposed standards or codes as mentioned in ill-immediately above do in fact satisfy the requirements of such standards or codes, and also refers to an association's authorizing a firm to indicate to the public that compliance with said standards or codes has been achieved with regard to the goods or services supplied or received by said firm.

## Note 2:

{1} An association may, for purposes that the association considers rightful,
engage in the following activities: establish self-imposed standards with regard to technology, technical skills, knowledge and other characteristics associated with technical personnel; work to promote the propagation and dissemination of said standards; make voluntary commitments, give guidance, or issue announcements regarding the use or observance of said standards or codes.

(2) An association may conduct tests and confer qualifications concerning conformance with said standards.

These activities are considered similar to those described above in $ \{1\} $ and $ \{2\} $ of Note 1; therefore, the principles described in Item 7 herein apply.

Note 3: An association may engage in the following activities for purposes that it considers rightful, including safety and sanitation assurance, environment conservation, and so forth: establish self-imposed standards or codes with regard to the maintenance and management of the constituent firms' facilities and technology content; work to promote the propagation and dissemination of said standards or codes; make voluntary commitments, give guidance, or issue announcements regarding the use or observance of said standards or codes. These activities are considered similar to those described above in $ \{1\} $ of Note 1; therefore, the principles regarding self-regulation, and so forth described in Item 7 herein applies.

Note 4: An association may be commissioned to issue certifications, authorizations, or public announcements with regard to standards with no legal effect that have been established by government agencies and other public organizations. These activities are considered similar to those described above in $ \{2\} $ of Note 1; therefore, the principles regarding self-imposed certification, authorization, and so forth described in Item 7 herein applies.

Note 5: Conditions under which "it is difficult for a firm to conduct business without receiving self-imposed certification, authorization, and so forth, from the association" can arise as in the following example: An association whose constituent firms have an extremely large market share, pursues, under the administrative guidance of the government, such activities as self-imposed certification, authorization, or public announcements with regard to product quality, and actively advertises the activities to users, so that the public-announcement becomes an important factor for users to choose goods.

(3) Conduct Suspected to Constitute Violations

Based on the views as described in (2) above, the following types of conduct are suspected to constitute violations of the Antimonopoly Act.

7-1. (Restricting the development or supply of specific goods, etc.)

Deciding that the constituent firms should not develop or supply specific types of goods or services (except for the conduct referred to in 7-6 below). (Sec. 8 (i), (iv))
## [Illustrative example]

An association agrees that each constituent firm will produce only specific types of goods and will not produce other types of goods.

7-2. (Establishing discriminatory self-regulation, etc.)

Establishing or implementing self-regulation and so forth that discriminates against a specified firm or firms. (Sec. 8 (iii), (iv), (v), (i))

7-3. (Forcing firms to use or to comply with sell-regulation, etc.)

Forcing constituent firms to use or to comply with self-regulation and so forth, or forcing them to use self-imposed certification, authorization, and so forth (except in cases where it is clear that, based on their contents, the self-regulation and so forth would never impede competition). (Sec. 8 (iv))

7-4. (Restricting the use of self-imposed certification, authorization, etc.)

Restricting, without proper justification, a specific firm's use of an association's self-imposed certification, authorization, and so forth, under conditions where it is difficult for the firm to conduct business without receiving said certification and so forth. (Sec. 8 (iii), (iv), (v), (i))

## [Illustrative example]

Imposing difficult requirements for non-constituent firms or foreign firms as a condition for using the association's certification and so forth, where a government agency issues administrative guidance that specific goods should receive the association's self-imposed certification, authorization, and so forth upon their sales.

(4) Conduct in Principle Not Constituting a Violation

Based on the principles as described in (2) above, the following types of conduct in principle do not violate the Antimonopoly Act.

7-5. (Establishing criteria for standardization)

Establishing self-imposed criteria for standardization that serves the interests of users (except for the conduct referred to in 7-2 and 7-3 above).

7-6. (Establishing criteria based on socially beneficial purposes)

Establishing self-imposed criteria concerning such aspects as the variety, quality, or function of goods or services, as are deemed reasonably necessary to achieve socially beneficial purposes such as environment conservation or safety assurance (as long as the standards do not unjustly harm the interests of users; and except for the conduct referred to in 7-2 and 7-3 above).

7-7. (Self-imposed certification, authorization, etc, in relation to criteria for standardization, etc.)

Promoting the propagation and dissemination of self-imposed standards or codes which do not pose a problem in light of the Antimonopoly Act, such as those
described in 7-5 and 7-6 above, or applying self-imposed certification, authorization, and so forth concerning conformance with said standards or codes (except for the conduct referred to in 7-3 and 7-4 above).

#### 8. Conduct relating to the Type, Content, Method, etc. of Business Operation

(1) Restricting the Type, Content, Method, etc. of Business Operation

The type, content, method, and other aspects of business operations should serve as means of competition among firms. Therefore, any trade association conduct that impedes competition by restricting these aspects constitutes a violation of Sec. 8 (iii), (iv) or (v). In addition, any conduct that might substantially restrain competition in a market by, for example, restricting sales methods, constitutes a violation of Sec. 8 (i).

## (2) Self-regulation, etc

Also, trade associations may establish self-regulation standards regarding information concerning such matters as the type, content, or method of business operations that is disseminated through public announcements and advertisements for such purposes as making it easier for consumers to select products; such associations also establish self-regulation to achieve socially beneficial purposes such as environment conservation or protection of minors, or to cope with labor problems (see Note). In some cases these activities do not pose any particular problem in light of the Antimonopoly Act. Depending on their content or manner, however, such activities can impede competition in terms of the diversity, content, or method of business operations, and thereby violate Sec. 8 (iii), (iv), or (v). Even if the activities in question take the form of self-regulation, and so forth, it nonetheless violates Sec. 8 (i) if they substantially restrain competition in a market.

The judgments whether or not such self-regulation and so forth constitute an impediment to competition in terms of Sec. 8 (iii), (iv) or (v), are made in accordance with the principles as described in "7. Conduct Relating to Variety, Quality, Standards, etc.", (2), "A. Judgments Concerning Self-regulation, etc." above.

Note: The term "self-regulation and so forth" as used in Item 8 herein refers to the following activities of an association: establishing, for purposes that the association considers rightful, self-imposed standards or codes concerning the type, content, method, or other aspects of business operations engaged in by firms; working to promote the propagation and dissemination of said standards or codes; and making voluntary commitments, giving guidance, or announcing the expected use or observance of said standards or code.

## (3) Conduct Suspected to Constitute Violations

Based on the principles as described in (2) above, the following types of conduct are suspected to constitute violations of the Antimonopoly Act.

### 8 -1. (Restricting specified sales methods)

Deciding that the constituent firms should not employ specified sales methods (except for the conduct referred to in 8-5 below). (Sec. 8 (iv), (i))
[Specific cases involving violations]

The Case against X Trade Association of Dental Supply Retailers (FTC Recommendation Decision No. 6 of 1987)

In this case, the trade association decided that the constituent firms should not sell dental supplies to non-constituent firms via mail-order methods, and, in order to ensure compliance, forced the constituent firms that had sold such supplies to non-constituent firms to stop it. This was found to constitute a violation of Sec. 8 (1) (iv) (Sec. 8 (iv) of the existing Antimonopoly Act).

The Case against Y Trade Association of Manufacturers of Records and Other Goods (FTC Recommendation Decision No. 4 of 1980)

In this case, the association decided to force the constituent firms to maintain the resale prices of records and other products. It also decided that the sound sources, prices, and sales promotion activities for those records and other products sold by mail order should be handled so as not to hinder the sale of records and other products through ordinary retail channels. This was found to constitute a violation of Sec. 8 (1) (iv) (Sec. 8 (iv) of the existing Antimonopoly Act).

The Case against Z Trade Association of Greengrocers (FTC Recommendation Decision No. 26 of 1965)

In this case, the trade association decided: $ \{1\} $ that the constituent firms should not engage in cart peddling (using a cart to sell by walking from place to place) without the permission from the association; and $ \{2\} $ that in case of operating a supermarket the constituent firm should obtain the consensus of other constituent firms in the vicinity. This was found to constitute a violation of Sec. 8 (1) (iv) (Sec. 8 (iv) of the existing Antimonopoly Act).

8-2. (Restricting the content, media, or frequency of public announcements or advertisements, etc.)

Adopting self-regulations and so forth that restricts the supply of information that helps consumers make correct product choices for example, those that restrict the content, media, frequency, or other aspects of public announcements or advertisements of constituent firms. (Sec, 8 (iv), (i))

8-3. (Establishing discriminatory self-regulation, etc.)

Establishing self-regulation and so forth that discriminates against specified firms.

(Sec. 8 (iii), (iv), (v), (i))

8-4. (Forcing firms to use or to comply with self-regulation, etc.)

Forcing constituent firms to use or to comply with self-regulation and so forth (except in cases where it is clear that the self-regulation, and so forth based on its contents (see Note), never would impede competition). (Sec. 8 (iv))

Note: Examples of "cases where it is clear that the self-regulation and so forth, based on its contents, never would impede competition" might include a code
of ethical practices prohibiting conduct connected with criminal or other undesirable behavior that obviously should not be condoned from a social or ethical perspective.

(4) Conduct in Principle Not Constituting a Violation

Based on the principles as described in (2) above, the following types of conduct in principle do not violate the Antimonopoly Act.

### 8 -5. (Establishing criteria based on socially beneficial purposes)

Establishing self-imposed criteria, concerning such matters as the type, content, or method of business operation, as deemed within the necessity rationalized to achieve socially beneficial purposes such as preserving the environment or protecting minors, or to resolve labor problems (as long as they do not unjustly harm the interests of users; and except for the conduct referred to in 8-3 and 8-4 above).

### 8 -6. (Establishing criteria that make it easier for consumers to choose products)

Establishing self-imposed criteria that make it easier for consumers to make correct product choices, such as criteria that prohibit false or exaggerated statement or advertisements, or that set minimum requirements concerning information that should be included in public announcements or advertisements (except for the conduct referred to in 8-3 and 8-4 above).

### 8 -7. (Activities that clarify transaction conditions)

Compiling model contracts, encouraging firms to contract in writing, and pursuing other activities that clarify trade terms, without affecting the actual contents of trade terms (see Note) (except for the conduct referred to in 8-3 and 8-4 above).

Note: "The actual contents of trade terms" refers to specific prices, payment terms, due dates, and so forth.

### 9. Information Activities

## (1) The diversity of Information activities

Trade associations engage in information activities in their respective fields for a variety of reasons. For example, they collect objective information concerning products, technological trends, management expertise, the market environment, statistics concerning industrial activities, legislative or administrative trends, and socioeconomic conditions; and they provide this information to the constituent firms, related fields of business, and consumers, in order to develop an accurate understanding of society's demands on their respective fields of business and to accommodate those demands, to improve consumer convenience, or to understand and introduce the actual conditions in the fields of business concerned. There is a wide range of information activities such as these that do not pose any particular problem in light of the Antimonopoly Act.

## (2) Conduct Suspected to Constitute a Violation

However, there are also cases where a trade association's information activities
a benchmark for an increase in the retail gasoline prices of the constituent firms. This was found to constitute a violation of Sec. 8 (1) (i) (Sec. 8 (i) of the existing Antimonopoly Act).

The Case against Y and Other Vinyl Tile Manufacturers (FTC Recommendation Decision No. 8 of 1979)

In this case, four companies, at successive meetings that included board meetings of the association to which they belonged, exchanged information concerning market conditions and exchanged opinions regarding the range of selling price increases for vinyl tile market goods as well as the price levels after such increases had been implemented. As a result of further discussions, the companies involved entrusted the task of determining specific prices to Company Y, which served as the head company of the association. Accordingly, Y indicated specific prices for each participating company. Furthermore, each company informed the others of the planned date of implementation of the price increases, and then increased the selling price of market goods. This was found to constitute a violation of Sec. 3.

The Case against Z and Other Manufacturers and Distributors of Paint Emulsions (FTC Recommendation Decision No. 5 of 1988)

In this case, ten companies established a group called Council A in order to facilitate mutual cooperation. For some time, the companies exchanged price-negotiation information at the district meetings of Council A whenever the prices of paint emulsions were revised. In order to cope with a rise in the cost of monomer, a raw material used to make emulsions, at the Council A's central committee, the companies exchanged information concerning the estimated range of the price increase. They then offset the cost increase by increasing the selling prices of their paint emulsions, and also set the standard range of price increase for each type of product. To ensure these price increases, the companies also decided to exchange information concerning the status of price-increase negotiations. This was found to constitute a violation of Sec. 3.

(3) Conduct in Principle Not Constituting a Violation

In contrast to the conduct cited in (2) above, types of conduct such as those described below usually do not have the effect of restraining competition, and therefore in principle do not constitute violations of the Antimonopoly Act.

9-2. (Offering information about products, etc., to the consumers)

Offerings, for purposes of improving their convenience, information concerning such matters as the proper use of products or services supplied in the field concerned to the consumer.

9-3. (Collecting and offering information about technological trends, management expertise, etc.)

Collecting and offering general information that concerns such matters as technological trends, management expertise, market environment, legislative or
administrative trends, and socioeconomic conditions in the field concerned, and that is provided by government agencies, private research organizations, and so forth.

### 9 -4. (Collecting and disseminating information about past business activity)

In order to obtain and disseminate information on general business performance in the field concerned, collecting, at the discretion of the constituent firms, general information regarding the previous business performance of those firms, including collecting data relating to such matters as the quantities or monetary value of previous production, sales, and plant investment; statistically and otherwise objectively processing such information; and publicly disseminating that information in a rough form, without disclosing the actual quantities or monetary amounts relating to individual constituent firms (except for information concerning prices) (expect for the conduct referred to in 1-(2)-3 above).

However, in cases where the constituent firm in question has already publicly announced its specific quantities or monetary amounts, the association may disclose relevant information.

### 9 -5. (Collecting and offering price-related information to users)

For the purpose of providing users and the constituent firms information concerning previous prices, collecting, at the discretion of the constituent firms, general information about those firms' previous prices; statistically and otherwise objectively processing such information; deriving an accurate indication of price distributions and trends; and offering such general information to the constituent firms and users without disclosing the prices of individual constituent firms (except for the conduct referred to in l-(2)-3 above, and except for giving any common standards regarding current or future prices).

9-6. (Offering informational materials regarding quality and so forth of products or services whose prices are difficult to compare)

Offering the constituent firms and users informational materials, or materials concerning technical standards, that enable fair and objective comparisons of price-related matters such as expense items, degree of difficulty of operation, and quality of goods or services whose prices are difficult to compare in the market (except for giving any common standards regarding prices).

### 9 -7. (Formulating and disseminating rough forecasts of demand)

Collecting and offering general information concerning overall demand trends in the field of business concerned; or formulating and disseminating rough forecasts of demand, based on objective facts (except for giving common specific standards concerning future quantities of supplies of the constituent firms).

9-8. (Collecting and offering information concerning customers' credit standings)

Collecting and offering to the constituent firms objective information concerning the credit standings of customers, for the purpose of ensuring safe transactions by the constituent firms (except for the making of agreements among constituent firms