make it possible for competing firms to mutually predict the specific contents of such important competition-related factors as pricing concerning present or future business activities. In consideration of this, information activities of the kind described in 9-1 below are suspected to constitute violations of the Act.

If an information activity of this kind results in the formation of a tacit understanding or common intent among constituent firms to restrain competition, or if it is used as a means or a method of restraining competition, the case shall in principle be found to constitute a violation of the Act.

That is, if a trade association's information activities lead to restrictive conduct by the association, such as described above in 1-1 (Fixing prices, etc.), 1-2 (Restricting resale prices), 2-1 (Restricting quantities), 3-1 (Restricting customers), 3-2 (Allocating markets), 3-3 (Allocating contracts, predetermined by bidder expected to win a contract, etc.), 4-1 (Restricting the construction or expansion of facilities, etc.), and 5-1 (Restricting entry, etc.), or if they accompany such restrictive conduct, such cases shall, as cited in Item 1 (Conduct that Restricts Prices) through 5 (Conduct that Restricts the Entry of Firms, etc.), be found to constitute a violation of Sec. 8.

In addition, if firms, through information activities by a trade association, formulate an agreement concerning restriction of competition with respect to such matters as price, quantity, customers, sales channels, or facilities, and those firms substantially restrain competition in a market, their conduct shall constitute a violation of Sec. 3.

### 9 -1. (Information activities that specifically concern important competition-related factors)

Collecting or offering information from or to constituent firms, or promoting the exchange of information among the constituent firms, where such information specifically relates to important competition-related factors, concerning the present or future business activities of the constituent firms, such as the following: specific plans or prospects regarding the prices or quantities of goods or services supplied or received by the constituent firms; the specific contents of the constituent firms' transactions with or inquiries from customers; the limits of anticipated plant investment.

## [Specific cases of violations]

The Case against X Trade Association of Distributors of Petroleum Products (FTC Recommendation Decision No. 9 of 1979)

In this case, at a joint meeting of the trade association's presidents' council (comprised of 66 chief executives of the constituent firms) and sales council (comprised of constituent firms' gas station managers and others of similar rank), the association exchanged information concerning a predicted rise in the purchasing price of gasoline, and also considered various measures, such as raising the retail price of gasoline. Also, at joint executive meetings held with other associations, the association exchanged opinions with regard to future increases in gasoline prices. Based on these discussions, the association, through its implementation committee (comprised of 17 executive committee members), decided upon a price that served as