following are given for certain primary categories of conduct, "Conduct in principle constituting violation," "Conduct suspected to be in violation" and "Conduct in principle not constituting violation."

a. For "Conduct in principle constituting violation," examples of the conduct are given on the basis of the past FTC rulings and surcharge payment orders. In addition, some points to be noted are described for the purpose of preventing bid-rigging in relation to examples for "Conduct in principle constituting violation."

b. For "Conduct suspected to be in violation," examples of the conduct are given on the basis of violation and facts relating to violation in the past FTC rulings; this conduct includes that which tends to accompany violation or that which may lead to violations.

c. For "Conduct in principle not constituting violation," examples of the conduct which in itself is not deemed as violation in principle are given.

(2) These guidelines provide principles of the Antimonopoly Act for the purpose of preventing bid-rigging, focusing on bids held in accordance with laws and regulations by the national government, local governments, or other similar entities. "Other similar entities" include wide range of organizations such as public corporations, local public corporations, foreign-government agencies and international organizations.

These guidelines may apply to firms' or trade associations' activities in connection with the submission of estimates by certain selected firms to contract awarding public agency in the process of a discretionary contract.

(3) The aim of these guidelines is to explain as plainly as possible the relation between the Antimonopoly Act and the firms' or trade associations' actual activities in connection with bids. The examples cited herein are nothing but illustrations, and the specific case(s) attached to each example are for the clear understanding of conduct and the point of issues of each example. Needless to say, judgements whether specific conduct, including any activities related to bids not cited herein, and activities related to procurements without bids taken, constitutes violation will be made on a case-by-case basis in accordance with the provisions of the Antimonopoly Act.

(4) For the purpose of simplification, the examples described herein basically concern bids for procurement. Bids related to sales by public agencies are mentioned in terms of each specific situation only when needed to make the examples easier to understand.

The descriptions included herein of the conduct of trade associations include conduct which trade associations have made their members commit (For examples, references to cases in which "trade association's conduct of predetermined an expected bid winner" include cases in which "trade association's conduct of making its members predetermined an expected bid winner.").

The descriptions included herein of the conduct of "trade associations of small-and medium-scale firms" mean the activities which trade associations, consisting mainly of small- and medium-scale firms, do for these member firms.

(5) When the guidelines are adopted, "The Antimonopoly Act Guidelines Concerning the