The Trade Association Law
法令番号: 法律第191号
公布年月日: 昭和23年7月29日
法令の形式: 法律
I hereby promulgate the Trade Association Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-ninth day of the seventh month of the twenty-third year of Showa (July 29, 1948)
Prime Minister ASHIDA Hitoshi
Law No.191
The Trade Association Law
(Purpose)
Article 1. The purpose of this Law is to define the legitimate scope of activities of trade associations and to provide for a system of their notification to the Fair Trade Commission.
(Definitions)
Article 2. The term "trade association" as used in this Law shall mean any grouping or federation of groupings of two (2) or more entrepreneurs having among its purposes the furtherance of their common interests as entrepreneurs, in whatever form, whether established pursuant to any law, ordinance, order or contract, as a juridical or non-juridical entity, for profit or non-profit purposes, with or without requirement for registration, and whether composed of large or small-scale entrepreneurs, including trade associations taking the following from:
1. Any company, juridical associational entity (SHADAN HOJIN) or non-juridical associational entity (SHADAN) whose stockholders or partnership shareholders (or persons or parties similar thereto) consist of two (2) or more entrepreneurs;
2. Any juridical foundation (ZAIDAN HOJIN) or non-juridical foundation (ZAIDAN) the appointment or dismissal of whose directors or administrators, the execution of those business or whose existence is controlled by two (2) or more entrepreneurs;
3. Any association (KUMIAI) whose members consist of two (2) or more entrepreneurs or any contractual combination of of two (2) or more entrepreneurs.
The term "entrepreneur" as used in this Law shall mean any person, juridical or non-juridical, who operates a commercial, industrial financial or any other business enterprise, and any officers, employees, agents or other persens acting in its behalf.
The term "constituent entrepreneur" as used in this Law shall mean the constituent members of a trade association, including entrepreneurs provided for by each Item of Paragraph 1.
(Filing Requirements
Article 3. Within thirty (30) days after becoming a trade association (with regard to a trade association actually existing at the time of enforcement of this Law, within thirty (30) days of said enforcement date) every trade association shall file a report of said fact with the Fair Trade Commission. Every such report shall be accompanied by the following documents or statements:
1. The articles of incorporation or association, by laws or copies of contracts;
2. A list of the names of the directors and other officers or administrators (in the case of an association (KUMIAI) or a contractual combination coming under Item 3 of Paragraph 1 of the preceding Article, the names of the constituent members of the association (KUMIAI) or those of the contracting parties);
3. In case establishment is based upon special law, ordinance or order, a statement describing the provisions thereof.
In case a trade association dissolves itself or undertakes any change in the matters coming under any one (1) of the items of the preceding paragraph, the said trade association shall, within thirty (30) days of the day of dissolution or change, file a report thereof with the Fair Trade Commission.
The Fair Trade Commission may fix such rules and regulations as are necessary for filing reports in accordance with the provisions of the preceding two (2) paragraphs.
(Permitted Activities)
Article 4. A trade association may engage in only the following activities:
1. Receiving voluntary submission of statistical data and publishing such data in summary form without disclosing business information or conditions of particular entrepreneurs;
2. Publishing technical or scientific information, or potential market information which will assist the constituent entrepreneurs in the operation of their businesses and advance the skills and efficiency of the industry or trade;
3. Providing for voluntary interchange of research or scientific or technical information between the constituent entrepreneurs on an open and non-discriminatory basis (including the use of various benefits arising from the ownership or operation of natural science research facilities on an open and non-discriminatory basis whenever the ownership or operation of such facilities has been approved in accordance with the provisions of Paragraph 3 of Article 5):
4. Fostering the development of quality standards, specifications and methods of improving efficiency of production and distribution only by means of voluntary contributions to appropriate governmental agencies, the Industrial Standards Investigating Committee (KOGYO HYOJUN CHOSA KAI), or other competent and generally recognized standardizing agencies or research institutions;
5. Conducting general educational work or propaganda, or adopting resolutions expressing its position on matters of interest to the trade or industry;
6. Conducting collective bargaining negotiations with labor unions when authorized and within the limits of due delegation of power on the part of the whole or a part of the constituent entrepreneurs;
7. Issuance of certificates of origins by chambers of commerce that are juridical associational entities (SHADAN HOJIN) whenever such certificates are required for customs clearance in foreign countries;
8. Arbitrating or settling business disputes between a foreign entrepreneur, on the one hand, and a constituent entrepreneur or another, on the other hand;
9. Assisting the functions of the Fair Trade Commission as provided for in Article 71 and other provisions of the Law relating to Prohibition of Private Monopolization and Methods of Preserving Fair Trade (Law No.54 of 1947;hereinafter to be referred to as the Anti-monopoly Law);
10. In addition to such activities or acts as provided for in the preceding items, carrying out any act for which the approval of the Fair Trade Commission has been granted.
The Fair Trade Commission may, in case it receives an application for approval in accordance with the provisions of Item 10 of the preceding paragraph, grant approval when it determines that the act in question does not violate the provisions of the Antimonopoly Law or those of Item 1 to Item 18 inclusive of Paragraph 1 of Article 5.
The Fair Trade Commission may fix such rules and regulations as are necessary for filing applications as provided for in the preceding paragraph.
(Prohibited Activities)
Article 5. No trade association shall engage in any one (1) of the following Items:
1. Controlling or attempting to control production or distribution by any means, including allocation of raw materials or orders, formulating or submitting plans or programs to the Government for the allocation of raw materials, goods or facilities;
2. Participating in or undertaking any contract or agreement the contents of which include such matters as coming under any one (1) of the Items of Paragraph 1 of Article 4 or any one (1) of the Items of Paragraph 1 of Article 6 of the Antimonopoly Law;
3. Participating in or undertaking any contract or understanding which unduly restrains trade or controls prices, or which will have the effect thereof, between the constituent entrepreneurs, such an entrepreneurs and his suppliers of commodities, funds and other economic benefits or his customers, or between such an entrepreneur and his competitors;
4. Controlling or fixing prices or under-taking any action for the purpose of affecting prices by any means, including dissemination of information concerning future prices, terms and conditions of sale, or customer classification;
5. Restricting or attempting to restrict the present or future number of entrepreneurs in any particular field;
6. Giving favor or causing disadvantage to a specific entrepreneur or entrepreneurs by disseminating lists of approved or preferred entrepreneurs, lists for blacklisting or boycotting any entrepreneur, information misrepresenting the business or financial or credit standing of any entrepreneur, or by any other means;
7. Compulsorily requiring the constituent entrepreneurs to submit reports on sales, prices, terms, orders, inventories, production, plant capacities, or business accounts, activities or facilites;or advising on, inspecting, or investigating the business affairs of the constituent entrepreneurs without their consent;
8. Restricting or attempting to restrict the functions or activities of the constituent entrepreneurs;
9. Owning or operating business facilities, or owning stocks (including partnership shares;hereinafter the same shall apply) or debentures;
10. Owning or operating facilities for carrying our research in any field of natural science;provided that the foregoing shall not apply whenever the Fair Trade Commission has approved the ownership or operation thereof;
11. Owning or controlling patents, or providing facilities of other services for the licensing or pooling of patents;
12. Making loans to the constitutent entrepreneurs or others;
13. Engaging in business in any field including buying, selling, producing, manufacturing, processing, handling, warehousing, transporting or distributing;
14. Acting as agent in business transactions or becoming a party to business contracts on behalf of the constituent entrepreneurs or others;
15. Collecting accounts for the constituent entrepreneurs, or others;
16. Arbitrating or settling disputes between the constituent entrepreneurs or others, or attempting to control the name;provided that the foregoing shall not apply to such as permitted by Item 8 of Paragraph 1 of Article 4;
17. Unduly influencing legislation or government policy;
18. Participating in, regulating, or affecting bids for government or private orders by acting as a depository, or otherwise.
No trade association shall commit any act in whatever manner or form to evade the prohibitions or restrictions provided for in the preceding paragraph.
The Fair Trade Commission shall, in case it receives an application for approval in accordance with the proviso to Item 10 of Paragraph 1, grant such approval whenever the applying trade association meets with the following conditions:
1. Membership or participation in the trade association is open to entrepreneurs generally throughout the industry on such fair and non-discriminatory terms as will actually make participation or membership therein reasonably available and within the means of such entrepreneurs generally who wish to join;
2. The constituent entrepreneurs of the trade association shall not consist only of a relatively few dominant or leading competitors in the industry nor shall voting and association activities, or the benefits resulting from the ownership and operation of natural science research facilities, be controlled by such dominant or leading competitors;
3. The benefits flowing from the ownership and operation of such research facilities shall be available to the constituent entrepreneurs of the trade association, regardless of the number of shares held, the amount of financial contributions, or the size of the entrepreneur.
As to any matter coming under Item 10 of Paragraph 1 (excluding the proviso), the Holding Company Liquidation Commission may, pursuant to a final order or a modification thereof issued in accordance with the provisions of the Elimination of Excessive Economic Concentrations Law (Law No.207 of 1947), make reasonable exceptions from the conditions set forth in each of the items of the preceding paragraph for such period of time as shall be prescribed in its order. Such a final order or modification thereof issued pursuant to the provisions of the Elimination of Excessive Economic Concentrations Law whose contents include any matter coming under Item 10 of Paragraph 1 shall constitute the approval required by the proviso to said Item.
The Fair Trade Commission may fix such rules and regulations as are necessary for filing applications as provided for by the proviso to Item 10 of Paragraph 1.
(Exempted Organizations)
Article 6. The provisions of this Law (except Article 3) shall not apply to any of the following organizations:
1. Cooperative associations and other organizations which conform with the qualifications set forth in Article 24 of the Anti-monopoly Law and are established under the provisions of the following laws:
a. Industrial Association Law (SANGYO KUMIAI HO) Law No.34 of 1900;
b. Salt Monopoly Law (SHIO SEMBAI HO) Law No.11 of 1905;
c. House Owners Association Law (KASHIYA KUMIAI HO) Law No.47 of 1941;
d. Urban Credit Association Law (SHIGAICHI SHIN-YO KUMIAI HO) Law No.45 of 1943;
e. Silk-reeling Industry Law (SANSHIGYO HO) Law No.57 of 1945;
f. Forestry Association Law (RINGYO KAI HO) Law No.35 of 1946;
g. Commercial and Industrial Cooperative Association Law (SHOKO KYODO KUMIAI HO) Law No.51 of 1946:
2. Trade associations established under the provisions of the following laws:
a. Hokkaido Public Works Association Law (HOKKAIDO DOKO KUMIAI HO) Law No.12 of 1902;
b. Forest Law (SHINRIN HO) Low No.43 of 1907;
c. Irrigation Association Law (SEIRI KUMIAI HO) Law No.50 of 1908;
d. Arable Land Readjustment Law (KOCHISEIRI KUMIAI HO) Law No.30 of 1910:including such cases where said provisions are applied mutatis mutandis in Paragraph 2 of Article 12 of Urban Planning Law (TOSHI KEIKAKU HO) Law No.36 of 1919;
e. Horse Association Law (BAHITSU KUMIAI HO) Law No.1 of 1915;
f. Health Iusurance Law (KENKO HOKEN HO) Law No.70 of 1922;
g. Agricultural Central Depository Law (NORIN CHUO KINKO HO) Law No.42 of 1923;
h. Former Sericultural Association Law (KYU SANSHIGYO KUMIAI HO) Law No.24 of 1931;
i. Pasture Land Law (BOKUYA HO) Law No.37 of 1931;
j. Agricultural Village Debt Adjustment Association Law (NOSON FUSAI SEIRI KUMIAI HO) Law No.21 of 1933;
k. Commercial and Industrial Central Depository Law (SHOKO CHUO KINKO HO) Law No.14 of 1936;
l. Fishing Boat Insurance Law (GYOSEN HOKEN HO) Law No.23 of 1937;
m. Agricultural Cooperative Association Autonomous Inspection Law (NOGYO KYODO KUMIAI JICHI KANSA HO) Law No.15 of 1938;
n. National Health Insurance Law (KOKUMIN KENKO HOKEN HO) Law No.60 of 1938;
o. Wooden-boat Insurance Law (MOKUSEN HOKEN HO) Law No.39 of 1943;
p. Former Agricultural Organization Law (KYU NOGYO DANTAI HO) Law No.46 of 1943;
q. Fisheries Organization Law (SUISAN DANTAI HO) Law No.47 of 1943;
r. Agricultural Cooperative Association Law (NOGYO KYODO KUMIAI HO) Law No.132 of 1947;
s. Agricultural Disaster Indemnity Law (NOGYO SAIGAI HOSHO HO) Law No.185 of 1947;
3. The following arganizations:
a. Securities Exchanges established pursuant to the provisions of Securities Transactions Law (SHOKEN TORIHIKI HO) Law No.23 of 1948;
b. Commodities Exchanges established pursuant to Commodities Exchange Law (SHOHIN TORIHIKI HO) Law No.5 of 1893;
c. Animal Stock-breeding Registration Associations established pursuant to Stock Breeding Law (SHUCHIKU HO) Law No.155 of 1948;
4. The following organizations, to the extent that they execute legitimate activities necessary for their particular functions:
a. Clearing House Associations attaches to Securities and Commodities Exchanges provided for in the preceding item;
b. Bill Clearing Houses designated in accordance with the provisions of Bill of Exchange Law (TEGATA HO) Law No.20 of 1932 and those of Cheque Law (KOGITTE HO) Law No.57 of 1934;
c. Associational Entities (SHADAN HOJIN), the purposes of which are supplying news to those engaged in the newspaper or radio broadcasting businesses;
d. Syndicate Organizations organized by persons or parties engaged in financial business (including securities business) for the purpose af a joint financing or joint under-writing or sales of a single issue of securities.
5. Organizations designated in accordance with the provisions of Article 1 of Closed Institutions Ordinance (Imperial Ordinance No.74 of 1947);
6. Organizations under designation pursuant to the provisions of Paragraph 2 of the Supplementary Provisions of Temporary Commodities Supply and Demand Adjustment (Law No.38 of 1946);
7. Organizations registered as shipping, collecting or receiving agencies, or wholesale or retailers for designated rationed commodities pursuant to orders issued under the Temporary Commodities Supply and Demand Adjustment Law;provided that the foregoing shall not apply after the lapse of ninety (90) days of the day of enforcement of this Law;
8. The Japan Shipping Exchange, Ind.(SHADAN HOJIN NIHON KAIUN SHUKAIJO) to the extent of legitimate activities necessary for arbitrating or settling disputes on matters relating to ship charterings, marine transportation, marine insurance, buying and selling of ships, collisions, between ships or marine salvage between the constituent entrepreneurs themselves, the constituent entrepreneurs and others, or other persons or parties, which were referred to it prior to the enforcement of this Law or prior to ninety (90) days after the day of enforcement of this Law.
The provisions of this Law shall not apply to any organization formed for the purpose of mutual-aid and whose constituent entrepreneurs consist of less than nineteen (19) individual small-scale entrepreneurs. The term "small-scale entrepreneur," as used in this case shall mean an entrepreneur who employs not more than twenty (20) employees.
(Exempted Acts)
Article 7. The provisions of Article 5 shall not apply to legitimate acts of a trade association carried out in accordance with the provisions of the following laws and ordinances, or ordinances or orders issued thereunder:
1. Local Railway Act (CHIHO TETSUDO HO) Law No.52 of 1919, Paragraph 1 of Article 25 (including such cases where said provisions are applied mutatis mutandis in Article 26 of Narrow Gauge Railway Act Law No.76 of 1921);
2. Road Transportation Act (DORO UNSO HO) Law No.191 of 1947, Article 23 and Paragraph 1 of Article 24 (limited only to agreements with regard to joint use of facilities, connecting transportation, joint management or operation and transportation);
3. Tobacco Monopoly Law (TABAKO SEMBAI HO) Law No.14 of 1904, Article 20-2;
4. Electric Measuring Act (DENKI SOKUTEI HO) Law No.26 of 1910, Article 7;
5. Marine Safety Act (SEMPAKU ANZEN HO) Law No.11 of 1933, Article 8;
6. Major Export Commodities Control Law (JUYO YUSHUTSU-HIN TORISHIMARI HO) Law No.26 of 1936;
7. Export Marine Produts Control Law (YUSHUTSU SUISAMBUTSU TORISHIMARI HO) Law No.36 of 1934;
8. Imperial Ordinance concerning Orders to be issued in consequence of Acceptance of the Pots an Declaration (Imperial Ordinance No.542 of 1945).
(Necessary Measures to Eliminate Violations)
Article 8. In case there exists any act going beyond the permitted activities provided for by each item of Paragraph 1 of Article 4 or any act which comprises a violation of the provisions of Article 5, the Fair Trade Commission may order the trade association concerned, in accordance with the procedures, as provided for in Article 9 hereof, to cease such act, to dispose of its assets to dissolve, or to take any other measures necessary to eliminate such violation.
(Procedure)
Article 9. The provisions of Articles 40 to 44 of the Antimonopoly Law relating to the powers of the Fair Trade Commission and those of Articles 45 to 64, Paragraph 2 of Article 66, Articles 67 to 70, Articles 73 to 83 and Article 88 of said Law relating to procedure and legal suits, including reports of violations, investigations, hearings, decisions, suits to revoke or modify decisions and filing of accusations with the Procurator General and other matters necessary to the disposition of cases, and the rules and regulations or orders issued thereunder shall be applied mutatis mutandis to the carrying out of the functions of the Fair Trade Commission necessary to attain the purpose of this Law as well as to matters, cases and criminal violations arising under this Law, wherever the following terms appear in the forementioned provisions (excluding Article 40 and Article 41) of the Anti-monopoly Law, (a) "entrepreneur" (b) "when it deems that an entrepreneur has effected a private monopolization, or has undertaken an unreasonable restraint of trade or has employed unfair methods of competition, or when it deems that undue dispartities in bargaining power exist," (c) "such measures as provided for by Article 7, Paragraph 1 of Article 8 or Article 20," and (d) "an act suspected of private monopolization, unreasonable restraint of trade or unfair method of competition," they shall read (a) "trade association," (b) "when it deems a trade association has gone beyond the permitted activities provided for by each item of Paragraph 1 of Article 4 or when it deems that a trade association violated the provisions of Article 5" (c) "such measures as provided for by Article 8," and (d)"an act suspected of going beyond the permitted activities as provided for by each item of Paragraph 1 of Article 4 or an act suspected of violation of the provisions of Article 57, when applied mutatis mutandis to this Law.
The Fair Trade Commission shall, in case it receives an application for approval in accordance with the provisions of Paragraph 3 of Article 5 or these of Paragraph 3 of Article 13, reject such application by decision when it deems that the application does not meet with the conditions provided for in each item of Paragraph 3 of Article 5.
The provisions of Paragraph 2 of Article 65 and these of Paragraph 1 of Article 66 of the Anti-monopoly Law shall apply mutatis mutandis to such applications, approval or decisions as provided for in the preceding paragraph.
(Reports)
Article 10. The Fair Trade Commission may, in order to carry out the provisions of this Law in a fair and proper manner, order a trade association to submit such reports, information or data as are deemed necessary.
(Public Prosecutors)
Article 11. Public prosecutors included in the personnel of the staff office of the Fair Trade Commission may assume responsibilities with respect to duties concerned with a criminal violation of the provisions of this Law.
(Jurisdiction of High Court of Tokyo)
Article 12. Jurisdiction of primary trials of any suit coming under any one of the following items shall rest with the High Court of Tokyo:
1. A suit concerning a decision of the Fair Trade Commission;
2. A suit concerning an offense as provided for by each item of Article 14.
All suits as provided for in the preceding paragraph, all cases arising under Article 9 of this Law by applying mutatis mutandis the provisions of Paragraph 1 of Article 62, Paragreph 1 of Article 63 (including such cases where said provisions are applicable mutatis mutandis in Paragraph 2 of Article 68) and Paragraph 1 of Article 67 of the Anti-monopoly Law as well as all cases arising under Paragraph 6 of Article 14 of this Law by applying mutatis mutandis the provisions of Article 97 and Article 98 of the Anti-monopoly Law shall come under the exclusive jurisdiction of the panel of judges established within the High Court of Tokyo in accordance with the provisions of Paragraph 1 of Article 87 of the Anti-monopoly Law.
(Disposition of Property)
Article 13. All business facilities, facilities for the carrying out of research in the field of natural science, stocks or debentures, excluding stocks or debentures required to be disposed of in accordance with the provision of the Cabinet Order on Disposition pursuant to Article 104 of the Anti-monopoly Law (Cabinet Order No.238 of 1947), Cabinet Order on Disposition pursuant to Article 105 of the Anti-monopoly Law (Cabinet Order No.239 of 1947), and Cabinet Order on Disposition of Stocks or Debentures pursuant to Article 107, Article 108 and Article 110 of the Anti-monopoly Law (Cabinet Order No.43 of 1948) and patents actually owned by a trade association at the time of enforcement of this Law, shall be disposed of within ninety (90) days of the enforcement date of this Law.
The provisions of the preceding paragraph shall be applicable to cases where an organization newly becomes a trade association or where an organization provided for by Item 6 and Item 7 of Article 6 comes to receive application of the provisions of this Law (excluding those of Article 3). In the foregoing cases, "the day of enforcement of this Law" shall read as "the day it becomes a trade association or the day when it receives application of the provisions of this Law (excluding those of Article 3)."
Every trade association shall, in case it desires to retain ownership or to continue operation of natural science research facilities when it actually owns or operates such facilities in such cases as coming under the preceding two (2) paragraphs, file an application to such effect with the Fair Trade Commission within such period of time as provided for in Paragraph 1 and obtain its approval.
The provisions of Paragraph 3 of Article 5 shall be applicable mutatis mutandis to such applications as provided for in the preceding paragraph.
The provisions of Paragraph 4 of Article 5 shall apply mutatis mutandis to such cases as coming under Paragraph 1 to Paragraph 3 inclusive.
The Fair Trade Commission may, upon application, extend the limit of time provided for in Paragraph 1 whenever it deems that special circumstances justify an extension. In such cases and in cases where applications have been filed pursuant to the provisions of Paragraph 3, the running of the ninety (90) day period shall be computed until said application is either approved or rejected.
Every trade association shall, within thirty (30) days after disposal in accordance with the provisions of Paragraph 1 and Paragraph 2, file a report with the Fair Trade Commission setting forth the manner of disposal.
The Fair Trade Commission may fix such rules and regulations as are necessary for filing of applications and reports provided for in Paragraph 3 and the preceding two (2) paragraphs.
(Penalties)
Article 14. In case of violation of the provisions of this Law, the penalties against the violater shall be any of the following penalties:
1. For violating the provisions of Article 5, a penal servitude for not more than two (2) years or a criminal fine not more than thirty thousand yen (\30,000), or both;
2. For failure to comply with a decision as provided for by Paragraph 3 of Article 48 and Article 54 of the Anti-monopoly Law when said provisions are applicable mutatis mutandis under Paragraph 1 of Article 9, a penal servitude for not more than two (2) years or a criminal fine not more than thirty thousand yen (\30,000), or both;
3. For failure to file reports provided for by Article 3 or for filing false reports, a criminal fine not more than twenty thousand yen (\20,000);
4. For failure to dispose of business facilities, natural science research facilities, stocks, debentures or patents within such period of time as provided for by Paragraph 1, Paragraph 2 or Paragraph 6 of Article 13, or for failure to file reports in accordance with the provisions of Paragraph 7 of said Article or for filing false reports thereof, a penal servitude for not more than one (1) year or a criminal fine not more than five thousand yen (\5,000), or both;
5. For failure to submit reports, information or data as provided for by Article 10 or for filing false reports, information or data thereof, a criminal fine not more than five thousand yen (\5,000).
In case of any violation as provided for in the preceding paragraph, the directors and other officers of administrators, or the constituent entrepreneurs (in case a constituent entrepreneur is acting on behalf of another entrepreneur, including such other entrepreneurs) of the trade association involved shall, whenever they had knowledge of the violation and failed to take necessary measures to prevent or to remedy such violation, he subjected to such criminal fines as provided for in each of the items of the preceding paragraph.
In case of any violation as provided for by Paragraph 1, the trade association itself, whether juridical or non-juridical, shall be subjected to such criminal fines as provided for in each of the items of Paragraph 1.
Where a non-juridical trade association is subjected to punishment in accordance with the provisions of the preceding paragraph, its representative or administrator shall represent said trade association in the case concerned and, furthermore, the provisions of law on criminal suits where a juridical person is the defendant shall apply mutatis mutandis.
The provisions of Paragraph 2 shall, in case the directors and other officers or administrators, or the constituent entrepreneurs are in themselves juridical persons or other organizations, apply to the directors and other officers or administrators of such organizations.
The provisions of Article 94, Article 97, Article 98 and Article 99 of the Anti-monopoly Law shall be applicable mutatis mutandis to violations arising from such cases where the provisions of Article 40, Article 46, Paragraph 3 of Article 48, Article 54, Paragraph 1 of Article 66 and Paragraph 1 of Article 67 of the Anti-monopoly Law are applicable mutatis mutandis in this Law.
(Additional Punishments)
Article 15. In addition to any penalty provided for in each item of Paragraph 1 of the preceding Article, the sentence of the Court may, where sufficient grounds exist, include dissolution of the trade association.
Where the sentence includes dissolution in accordance with the provisions of the preceding paragraph, the trade association shall become dissolved thereby, notwithstanding the provisions of any other law, ordinance, order, or contract.
(Accusations)
Article 16. Any offense under each item of Paragraph 1 of Article 14 shall be considered after the filing of an accusation by the Fair Trade Commission. The provisions of Paragraph 2 and Paragraph 4 of Article 96 of the Anti-monopoly Law shall be applicable mutatis mutandis with regard to such an accusation.
The Fair Trade Commission may, when filing an accusation in accordance with the provisions of the preceding paragraph and when it deems that the sentence shall carry with it dissolution of the trade association, state said fact in its accusation.
(Anti-monopoly Law Uneffected)
Article 17. The provisions of the Anti-monopoly Law and the functions and powers of the Fair Trade Commission thereunder shall not in any manner be repealed, modified or amended by this Law.
Supplementary Provisions:
(Enforcement Date)
Article 18. This Law shall come into force as from the day of its promulgation.
(Conflicting Laws and Contracts)
Article 19. The provisions of existing laws, ordinances, orders, contracts, articles or charters in conflict with this Law at the time of its enforcement shall become null and void as from such date.
Prime Minister ASHIDA Hitoshi
Minister for Foreign Affairs ASHIDA Hitoshi
Minister of Finance KITAMURA Tokutaro
Attorney-General SUZUKI Yoshio
Minister of Education MORITO Tatsuo
Minister of Welfare TAKEDA Giichi
Minister of Agriculture and Forestry NAGAE Kazuo
Minister of Commerce and Industry MIZUTANI Chozaburo
Minister of Transportation OKADA Seiichi
Minister of Communications TOMIYOSHI Eiji
Minister of Labor KATO Kanju
Minister of Construction HITOTSUMATSU Sadayoshi