Silviase/jgov_v1.4_full_ann huggingface dataset:
{4} Permit, approval or the like: A permit, approval, license or any other measure which provides some kind of benefit to a firm or firms in accordance with a law or regulation.

(5) Firm: An entity engaged in commerce, industry, finance or any other business activity.

(6) Trade association: A joint body of two or more firms, or a federation of such bodies, whose main objective is to promote the common interests of the firms.

{7} Entry or withdrawal: It may be entry into or withdrawal from a new field of business, a geographical market or the like, in addition to entry into or withdrawal from an existing field of business.

{8} Price: It includes other substantial constituent elements of price, such as rebate, discount, etc.

{9} Equipment: It may be a store or the like, in addition to manufacturing facilities or equipment.

### 1. Basic Interpretations Concerning the Relation between Administrative Guidance and the Antimonopoly Act

(1) Administrative guidance based on specific provisions in laws or regulations

In the case of administrative guidance based on a specific provision in a law or regulation regarding advice, guidance, recommendation, directive, or the like, the purpose, content, method, etc. of said administrative guidance should conform to the relevant provision in the law or regulation. As long as a party receiving such administrative guidance follows said guidance of its own accord, no related conduct by the party receiving said administrative guidance would pose any problem under the Antimonopoly Act. However, unless the Antimonopoly Act contains a relevant provision for exemption from the Act, the Antimonopoly Act may be applied to any form of conduct which meets the conditions that would establish it as a violation of the Antimonopoly Act, even if arose as a result of said administrative guidance.

Furthermore, when a law or regulation provides for an order, an approval, a recommendation, an instruction or the like, and there are substantive conditions which would justify the invocation of the relevant provision in the application of the law or regulation, administrative guidance given as a preliminary step to or as a substitute for the invocation of the provision shall be considered similar to administrative guidance based on a specific provision in law or regulation in the interpretation of its relation to
the Antimonopoly Act.

Furthermore, the following cannot be regarded as administrative guidance based on a specific provision in law or regulation in the present context: even when a law or regulation contains a specific provision, if the purpose, content, method or the like of a particular piece of administrative guidance does not agree with the pertinent provision in the law or regulation, or administrative guidance is provided on the basis of general supervisory authority granted under the law providing for the establishment of ministries or agencies, or under a business law.

## (2) Administrative guidance not based on any specific provision in law or regulation

In the case where administrative guidance is not based on any specific provision in law or regulation is to be given, the administrative organ concerned should take full note of the possibility that said administrative guidance, depending on its purpose, content, method or the like, may restrict or inhibit fair and free competition or even bring about conduct which violates the Antimonopoly Act. It goes without saying that the Antimonopoly Act will not be hindered in its application to any conduct which meets the conditions that would establish it as a violation of the Antimonopoly Act, even if this conduct was brought administrative guidance.

Interpretations concerning the purpose, content and method of administrative guidance which is not based on any specific provision in law or regulation and its relation to the Antimonopoly Act are stated below.

### a. Relation to the purpose of administrative guidance

Administrative guidance is given to serve diverse administrative objectives, including stabilizing commodity prices, stabilizing or improving of people's lives, ensuring the fairness and transparency of business transactions, protecting the environment, improving public health, improving safety, and protecting medium or small enterprises. However, there is some administrative guidance, which is given to prevent excessive competition, to adjust supply and demand, to keep prices from declining, to adjust advantages and disadvantages among firms, or to maintain order in industrial circles, and these have a direct impact on the market mechanism.

### b. Relation to the content of administrative guidance

Administrative guidance is diverse in content and in the impact it may have on competition in the market.

Entry or withdrawal into various areas, the prices of goods or services, volume, equipment/facilities, and the like are essentially to be created or determined through the fair and free competition of firms operating in the market. Administrative guidance
which may restrict the free activities of firms in these domains have a direct impact on the market mechanism.

On the other hand, business techniques, quality, standards, advertising, representations and the like, though they are important means of competition for firms, are not necessarily regarded as having a direct impact on the market mechanism in comparison with entry and/or withdrawal, prices, volume, equipment or facilities, and the like.

### c. Relation to the method of administrative guidance

Administrative guidance which is specific in content is often accepted by a firm provided other firms follow suit. However, when compliance is made through a trade association, conduct which violates the Antimonopoly Act could easily arise. Even if this administrative guidance is directed at individual firms, for instance, at the leaders in a specific field of business, or uses a method that prescribes unified standards for a considerable number of firms belonging to a specific field of business, or in a situation where tacit understanding or common intent to restrict competition can be readily formed among firms, this would very likely bring about conduct that violates the Antimonopoly Act.

Note: Regarding administrative guidance given for the purpose of restraining prices where restraint of commodity prices is the foremost national priority, reference is made to the government's unified view issued at the time of the first oil crisis (see Appendix).

### 2. Various Types of Administrative Guidance and the Antimonopoly Act

Interpretations regarding administrative guidance which is not based on any specific provision in law or regulation are specifically stated below with respect to each type of administrative guidance, indicating what kind of administrative guidance may pose a problem under the Antimonopoly Act.

## (1) Administrative guidance regarding entry and/or withdrawal

In order to help maintain and promote fair and free competition, freedom of entry and/or withdrawal should be guaranteed, and administrative organs should take special care to see that any administrative guidance which is not based on any specific provision in law or regulation not be apt to restrict or inhibit fair and free competition. The following kinds of administrative guidance, for example, would be likely to pose a problem under the Antimonopoly Act (Section 3, Section 8 (1) (i), (iii) and (iv) of the Act).

{1} Guidance requiring new entrants to obtain the consent of existing firms or the trade association in the relevant field of business or to coordinate the conditions for entry with such parties.
Such guidance may tempt the existing firms or trade association to make the prospective new entrants give up by refusing them consent to enter, to limit the number of firms in the field of business, or to impose conditions that would very likely place unreasonable restrictions on the business activities of the prospective new entrants.

(2) Guidance requiring new entrants to join the trade association in the relevant field of business for the purpose of coordinating interests with existing firms.

Such guidance may tempt the trade association to make the prospective new entrants give up by refusing them membership, to limit the number of firms in the field of business or to impose conditions for membership that would very likely would place unreasonable restrictions on the business activities of the prospective new entrants.

[3] Having the trade association in the relevant field of business intervene in the procedures for obtaining a necessary loan, or the like, from a public organ for engaging in business activities, with a view to adjusting supply and demand, coordinating interests among firms, or the like.

Such guidance may tempt the trade association to make the prospective new entrants give up by refusing to handle their applications, to limit the number of firms in the field of business, or to impose conditions that would very likely place unreasonable restrictions on the business activities of the prospective new entrants.

## (2) Administrative guidance regarding prices

In order to help maintain and promote fair and free competition, it is necessary to leave the pricing of goods or services up to each firm and administrative organs should take special care to see that any administrative guidance regarding prices which is not based on any specific provision in law or regulation not restrict or inhibit fair and free competition. The following kinds of administrative guidance, for example, would be apt to pose a problem under the Antimonopoly Act (Section 3, Section 8 (i), (iv) and (v), Section 19 of the Act).

{1} Guidance regarding raising or reducing prices, stating specific figures relating to amount, percentage (range), or the like, which would serve as standards.

Such administrative guidance may tempt firms acting together or their trade association to decide to raise or lower prices to the level of the stated standards. "To decide" in this context may mean not only an explicit decision or agreement but also tacitly agreeing or deciding on a common purpose (the same applies hereinafter).

{2} In a situation in which prices have come down, or the like, guidance which urges self-restraint from selling at discount prices, accepting orders at discount prices, or lowering prices.

Such administrative guidance may tempt firms acting together or their trade
association to decide to maintain or raise prices.

(3) Requiring reports, through the trade association, on matters which are usually considered the trade secrets of individual firms, such as prices in the particular transactions of member firms.

Such administrative guidance may tempt the trade association to take charge of the coordination of such activities, which would result in price-fixing.

{4} Giving guidance to manufacturers, distributors or their respective associations so as to stabilize the prices offered to their trading partners, including retail prices. Such administrative guidance may invite conduct which would lead to the maintenance of resale prices.

(5) Where prior reporting is required on prices which are supposed to be determined by individual firms of their own accord, guidance on matters to be reported which gives specific figures that would serve as standards, having firms coordinate among themselves or through their trade association, having the trade association submit its members' reports collectively, or having reports submitted through the trade association.

Such administrative guidance may tempt firms acting together or their trade association to decide upon the prices which are to be reported.

## (3) Administrative guidance regarding quantities and equipment

It is necessary to leave business activities regarding quantities and equipment to the discretion of each firm to help maintain and promote fair and free competition, and administrative organs should take special care to see that any administrative guidance regarding volume and equipment or facilities which is not based on any specific provision in law or regulation not restrict or inhibit fair and free competition. The following kinds of administrative guidance, for example, would be likely to pose a problem under the Antimonopoly Act (Section 3, Section 8 (1) (i), (iii) and (iv) of the Act).

{1} Guidance regarding production and sales volumes, export and import volumes, percentage (range) of production cutback, volume of purchase of raw materials, etc. which gives specific figures which would serve as standards.

Such Administrative guidance may tempt firms acting together or their trade association to decide upon volume, etc.

(2) Stating specific standards, such as short-term supply/demand projections, and requiring submission of business plans concerning production and sales volumes, export and import volumes, the construction of new facilities, or the expansion of existing ones, and the like.

Such administrative guidance may tempt firms acting together or their trade association to formulate business plans conforming to the stated standards and to decide to undertake business activities accordingly.

(3) Requiring reports, through trade association, on matters which are usually considered the trade secrets of individual firms, such as volumes in the
Such administrative guidance may tempt the trade association to take charge of coordination of such activities, which would result in the determination of its member firms' production and sales volumes, export and import volumes, and the like.

{4} Having firms engage in exchange of opinions, or the like, among themselves of through their trade association regarding supply plans when formulating short-term supply and demand projections.

Although there should be no problem as long as the administrative organ listens to the opinions of individual firms in formulating supply and demand projections, such administrative guidance may tempt the firms acting together, or the trade association, to fix the production and sales volumes, and the like.

{5} Guidance by stating specific standards, such as a rotation system, regarding the timing or scale of investment in, or elimination of, facilities or equipment. Such administrative guidance may tempt the firms acting together or the trade association to decide upon facilities or equipment investment, etc.

[6] Where prior reporting is required on production and sales volumes, export and import volumes, the construction of new facilities, or the expansion of existing ones, and the like, which are supposed to be determined at each firms' own discretion, giving guidance on the matters to be reported by indicating specific standards, having firms coordinate among themselves or through their trade association, having the trade association submit its members' reports collectively, or having such reports submitted through the trade association. Such administrative guidance may tempt firms acting together, or their trade association, to decide upon volume, and the like, which are to be reported.

(4) Administrative guidance regarding business techniques, quality, standards, advertising, representations, etc.

The business techniques, quality, standards, advertising, representations, etc. are important means of competition in which firms display creativity and ingenuity, and administrative organs should take special care to see that any administrative guidance regarding business techniques, quality, standards, advertising representations and the like which is not based on any specific provision in law or regulation not unreasonably restrict the above activities by firms, or restrict or inhibit fair and free competition.

Administrative organs may impose specific restrictions or exercise guidance to urge firms or their trade association to engage in voluntary restraint in connection with business techniques, quality, standards, advertising, representations and the like, out of consideration for the public interest. For example, with a view to having laws or regulations faithfully observed, preventing illegitimate conduct or the like, ensuring the transparency of business transactions, improving public health, improving safety, etc.
the contents or procedures of any application for a permit, approval or the like, this may give rise to conduct by the firm or trade association which violates the Antimonopoly Act (Section 3, Section 8 (1) (i), (iii) and (iv) of the Act).

{1} Guidance requiring new entrants, when applying for a permit, approval or the like, to obtain the consent of existing firms or the trade association in the relevant field of business, or to coordinate the conditions of entry with such parties.

Such guidance may tempt the existing firms acting together, or the trade association, to make the prospective new entrants give up by refusing to consent to their entry, to limit the number of firms in the field of business, or to impose conditions that would likely place unreasonable restrictions on the business activities of the prospective new entrants.

{2} Guidance requiring new entrants, when applying for a permit, approval or the like, to join the trade association in the relevant field of business, from the standpoint of coordinating interests with existing firms.

Such guidance may tempt the trade association to make the prospective new entrants give up by refusing them membership, to limit the number of firms in the field of business, or to impose conditions for membership that would likely place unreasonable restriction on the business activities of the prospective new entrants.

[3] In cases in which, for instance, applications for a permit, approval or the like have been filed by more than one firm, guidance given so as to have the applicant firms or the trade association in the relevant field of business or the like exercise coordination.

Even if a law or regulation prescribes a so-called supply/demand adjusting clause as one of the requirements for a permit, approval or the like, coordinating conduct by the applicant firms or the trade association in the relevant field of business, or the like, which is in accordance with such guidance would likely be a violation of the Antimonopoly Act.

(4) With respect to applications for permits, approvals, etc. regarding price, etc., each firm, by law, is to file the application of its own accord, and guidance is given to have the trade association file the applications collectively at the request of its member firms.

Such administrative guidance may cause the trade association to decide upon the contents of the applications for permits, approvals, etc.

[5] With respect to applications for permits, approvals, etc. regarding price, each firm, by law, is to file the application of its own accord, and guidance is given to have firms coordinate among themselves, or to have coordination take place through their trade association, or to have the applications submitted through the trade association, or to file the applications with the consent of the existing firms or their trade
association.

Such administrative guidance may cause firms acting together, or their trade association, to decide upon the contents of the applications for permits, approvals, etc.

(Appendix) Unified Opinion of the Government Regarding Price Fixing Cartels and Administrative Guidance (reply by Director-General Yoshikuni of the Cabinet Legislation Bureau at the Budget Committee Meeting of the House of Representatives during the 72nd Session of the National Diet (on March 12, 1974))

I would like to present an opinion regarding price fixing cartels and administrative guidance.

First, since prices should essentially be established through free competition by firms on the basis of market supply and demand, it is obvious that price manipulation by firms through a cartel constitutes and "unreasonable restraint of trade" as referred to in Section 2 (6) of the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade.

Second, on the other hand, in consideration of the fact that the restraint of commodity prices has become the top national priority in recent times, it is regarded as necessary and inevitable that a government agency responsible for commodity affairs exercise administrative guidance regarding prices with a view to restraining prices, and its basis can be found in the acts concerning the establishment of various ministries. For instance, there is Section 3 (ii) of the Act Concerning the Establishment of the Ministry of International Trade and Industry, and petroleum is covered by Section 36-7 (i).

Third, even through administrative guidance regarding prices is acceptable, if firms which have received guidance further act in concert to manipulate prices, if firms which have received guidance further act in concert to manipulate prices, it goes without saying that such conduct will be unacceptable, as I said in the first part of my reply.
## 利用者のために

## I 2013年漁業センサスの概要

## 1 調査の目的

2013年漁業センサスは、我が国漁業の生産構造、就業構造及び漁村、水産物流通・加工業等の漁業を取りまく実態を明らかにするとともに、我が国の水産行政の推進に必要な基礎資料を整備することを目的とする。

## 2 根拠法規

2013年漁業センサスは、統計法（平成19年法律第53号）第9条第1項、漁業センサス規則（昭和38年農林省令第39号）及び平成15年5月20日農林水産省告示第776号（漁業センサス規則第6条第4項の農林水産大臣が定める調査票等を定める件）に基づく総務大臣の承認を受けて実施した基幹統計調査である。

## 3 調查体系

調査の種類	調査の系統	調査の方法
海面漁業調査	漁業経営体調査	農林水産省|都道府県|市区町村|調査員	自計報告調査(面接調査も可能)
漁業管理組織調査	農林水産省|地域センター等|調査員
内水面漁業調査	内水面漁業経営体調査
内水面漁業地域調査
流通加工調査	魚市場調査	自計報告調査又はオンライン調査
冷凍・冷蔵、水産加工場調査
## 4 調査の対象

## (1) 海面漁業調査

## ア 漁業経営体調査

海面に沿う市区町村及び漁業法（昭和24年法律第267号）第86条第1項の規定により農林水産大臣が指定した市区町村（以下「沿海市区町村」という。）の区域内にある海面漁業に係る漁業経営体。

なお、福島県については試験操業を含む。

## イ 漁業管理組織調査

沿海市区町村の区域内にある、漁場又は漁業種類を同じくする複数の漁業経営体からなる集まりで、自主的な漁業資源の管理、漁場の管理又は漁獲の管理を行う組織で文書による取り決めがあり、漁業協同組合（以下「漁協」という。）及び漁業協同組合連合会（以下「漁連」という。）に関係する漁業管理組織。

なお、福島県の管理組織には、組織の実態はあるが東京電力福島第一原子力発電所事故の影響により、操業を自粛している4市町12組織（相馬市7、南相馬市1、浪江町2、新地町2組織）は含まない。

## ゥ 海面漁業地域調査

沿岸地区の漁業協同組合（水産業協同組合法（昭和23年法律第242号）（以下「水協法」という。）第2条に規定する漁業協同組合。）。

## (2) 内水面漁業調査

## ア 内水面漁業経営体調査

共同漁業権の存する天然の湖沼その他の湖沼で地域における漁業生産上重要なものにおいて、水産動植物の採捕の事業を営む内水面漁業に係る漁業経営体及び内水面において養殖の事業を営む漁業経営体。

## イ 内水面漁業地域調査

水協法第18条第2項の内水面組合。

## (3) 流通加工調查

## ア 魚市場調査

漁船により水産物の直接水揚げがあった市場及び漁船の直接水揚げがなくても、陸送により生産地から水産物の搬入を受けて、第1次段階の取引を行った市場。

## 冷凍・冷蔵、水産加工場調査

陸上において主機10馬力（7.5kW）以上の冷蔵・冷凍施設を有し、水産物（のり冷凍網を除く。）を凍結し、又は低温で貯蔵した事業所（冷凍・冷蔵工場）又は販売を目的として水産動植物を他から購入して加工製造を行った事業所及び原料が自家生産物であっても加工製造するための作業所又は工場と認められるものを有し、その製造活動に専従の従事者を使用し加工製造を行った事業所（水産加工場）。

## 5 調査事項

## (1) 海面漁業調査

ア 漁業経営体調査
(7) 漁業種類、使用漁船、養殖施設その他漁業経営体の経営の状況

(イ) 個人経営体の世帯の状態及び世帯員の漁業就業日数その他の就業状況

## 漁業管理組織調査

漁業管理組織の概要、漁業管理の内容

ウ 海面漁業地域調査

生産条件、活性化のための取組

## (2) 内水面漁業調査

ア 内水面漁業経営体調査

(7) 漁業種類、使用漁船、養殖施設その他漁業経営体の経営の状況

(イ) 個人経営体の世帯の状態及び世帯員の就業状況

イ 内水面漁業地域調査

(7) 組合員数

(イ) 生産条件、地域の活性化のための取組

## (3) 流通加工调查

ア 魚市場調査

魚市場の施設及び取扱高等

冷凍・冷蔵、水産加工場

事業內容、從業者數等

## 6 調査期日

平成25年11月1日現在（流通加工調査は平成26年1月1日現在）で実施した。

## 7 調査方法

## (1) 海面漁業調査及び内水面漁業調査

統計調査員が、調査対象経営体に対し調査票を配布・回収を行う自計報告調査（被調査者が自ら回答を調査票に記入する方法）の方法により行った。

ただし、調査対象経営体から面接調査の申出があった場合には、統計調査員による調査対象者に対する面接調査の方法をとった。

## (2) 流通加工調查

統計調査員が、調査対象経営体に対し調査票を配布・回収を行う自計報告調査（被調査者が自ら回答を調査票に記入する方法）の方法により行った。

なお、調査票の回収はオンラインによる方法も可能とした。

## 8 集計方法

単純積み上げにより算出した。

## 9 目標精度

本調査は、全数調査のため、目標精度は設定していない。
## Ⅱ 利用上の注意

## 1 報告書の構成

本報告書は、これまでに刊行した2013年漁業センサスに関する報告書に掲載した統計表のうち、主要なものについて抜粋し取りまとめたものである。

## 2 用語等の解説

## (1) 漁業経営体調査

海 面 漁 業	海面(浜名湖、中海、加茂湖、猿澗湖、風蓮湖及び厚岸湖を含む。)において営む水産動植物の採捕又は養殖の事業をいう。
漁 業 経 営 体	過去1年間に利潤又は生活の資を得るために、生産物を販売することを目的として、海面において水産動植物の採捕又は養殖の事業を行った世帯又は事業所をいう。ただし、過去1年間における漁業の海上作業従事日数が30日未満の個人経営体は除く。
過 去 1 年 間	平成24年11月1日～平成25年10月31日の期間。
経 営 組 織	漁業経営体を経営形態別に分類する区分をいう。
個 人 経 営 体	個人で漁業を営んだものをいう。
団 体 経 営 体	個人経営体以外の漁業経営体をいう。
会 社	会社法(平成17年法律第86号)第2条第1項に基づき設立された株式会社、合名会社、合資会社及び合同会社をいう。なお、特例有限会社は株式会社に含む。
漁業協同組合	水協法に基づき設立された漁協及び漁連をいう。なお、内水面組合(水協法第18条第2項に規定する内水面組合をいう。)は除く。
漁業生産組合	水協法第2条に規定する漁業生産組合をいう。
共 同 経 営	二人以上の漁業経営体(個人又は法人)が、漁船、漁網等の主要生産手段を共有し、漁業経営を共同で行うものであり、その経営に資本又は現物を出資しているものをいう。これに該当する漁業経営体の調査は、代表者に対してのみ実施した。
そ の 他	都道府県の栽培漁業センターや水産増殖センター等、上記以外のものをいう。