Article 7(1)When the Director General of the Economic Affairs Bureau or Investigation Bureau of the General Secretariat becomes aware of a fact triggering a case, they must report this to the Commission, including their opinion on the need to conduct an investigation.

(2)The Director General must make the following particulars as clear as possible in the report referred to in the preceding paragraph:

(3)In a case referred to in paragraph (1), the Commission is to designate an investigator for a case for which it finds that a disposition provided for in Article 47, paragraph (1) of the Act is necessary, and assign the investigator to investigate the case based on Article 47, paragraph (2) of the Act and the Cabinet Order on the Designation of Investigators.

Article 8The format of the identification card that indicates the status referred to in Article 47, paragraph (3) of the Act is as shown in the appended form.

Article 9(1)When an investigator carries out a disposition provided for in Article 47, paragraph (1) of the Act based on the provisions of Article 47, paragraph (2) of that Act, they must do so after serving the documents that each of the following items prescribes for the category that item prescribes:

(2)The documents referred to in the preceding paragraph must give the following information, and a seal to confirm continuation must be affixed across the boundary of each page:

(3)A written submission order must state the items that the person is ordered to submit or be accompanied by a list stating those items.

Article 10(1)An official of the Commission, when preparing a written evidence provided for in this Section for a case based on the provisions of Article 48 of the Act, must state the date of its preparation and the name of the bureau, and affix their signature and seal to the written evidence.

(2)If any letter or character has been added, deleted, or indicated in the margin of a page in preparing the written evidence referred to in the preceding paragraph, the number added, deleted, or indicated must be stated in the written evidence.

(3)Documents, photographs, and other appropriate items may be cited; an official may make these a part of the written evidence referred to in paragraph (1) by annexing them to that written evidence.

(4)A seal to confirm page continuation must be affixed across the boundary of each page of the written evidence referred to in paragraph (1).

Article 11(1)If an investigator has interrogated a person concerned with a case or witness pursuant to the provisions of Article 47, paragraph (1), item (i) of the Act based on the provisions of Article 47, paragraph (2) of the Act, the investigator must prepare a record of the interrogation, read it to the deponent or have the deponent inspect it, ask the deponent whether it contains any errors, and if the deponent petitions for any addition, deletion, or change to the record, enter the deponent's statement into the record.

(2)If the deponent states that there are no errors in the written evidence referred to in the preceding paragraph, the investigator may ask the deponent to sign and seal the record.

(3)In a case referred to in the preceding paragraph, if the deponent is unable to sign the record, another person may sign on their behalf, and if the deponent is unable to affix a seal to the record, the deponent is to affix their fingerprint thereto; provided, however, that if another person signs on behalf of the deponent, that person must state the grounds for this in the record and sign and seal it.

(4)In the case referred to in paragraph (2), if the deponent refuses to sign and seal the record, an indication of this is to be entered into the record.

Article 12(1)If an investigator has interrogated a person concerned with a case or a witness through an interpreter, the investigator must state this in the record of the interrogation, as well as the fact that the investigator read the record to the person through an interpreter.

(2)The investigator may ask the interpreter to sign and seal the record referred to in the preceding paragraph.

Article 13(1)If a person concerned with a case or a witness has voluntarily given a statement and a Commission official finds it to be necessary, the official is to prepare a written statement which records the statement.

(2)The provisions of the preceding two Articles apply mutatis mutandis to the record referred to in the preceding paragraph.

Article 14If an investigator has had an expert give an expert opinion pursuant to the provisions of Article 47, paragraph (1), item (ii) of the Act based on the provisions of Article 47, paragraph (2) of the Act, the investigator must have the expert make a written report on the progress and outcome of their expert opinion.

Article 15(1)If an investigator retains a submitted item pursuant to the provisions of Article 47, paragraph (1), item (iii) of the Act based on the provisions of Article 47, paragraph (2) of the Act, the investigator must prepare a retention record.

(2)The record referred to in the preceding paragraph must state the title of the case, the name, occupation and address or workplace of the owner and the sender of the retained items, and the date and place of retention.

(3)A list of the retained items must be attached to the record referred to in paragraph (1).

Article 16(1)If an investigator retains a submitted item pursuant to the provisions of Article 47, paragraph (1), item (iii) of the Act based on the provisions of Article 47, paragraph (2) of the Act, the investigator must notify the sender that the items have been retained in writing.

(2)A copy of the list referred to in paragraph (3) of the preceding Article must accompany the document referred to in the preceding paragraph.

(3)A copy of the list referred to in paragraph (3) of the preceding Article must be issued if the owner of the retained item so requests.

Article 17(1)A retained item that no longer needs to be retained must be returned without waiting for the case to be closed.

(2)A retained item may be temporarily returned at the request of its owner or sender.

Article 18(1)A person ordered to submit books, documents, and other such items pursuant to the provisions of Article 47, paragraph (1), item (iii) of the Act may inspect or copy those items; provided, however, that this does not apply if the inspection and copying of the items would impede the investigation of the case.

(2)When allowing a person to inspect or copy an item pursuant to the provisions of the preceding paragraph, an investigator is to designate the date and time, place, and method, taking into consideration the opinion of the person ordered to submit the item.

Article 19If a Commission official finds it to be necessary to do so when accepting books, documents, or other such items that a person concerned with a case or witness has voluntarily submitted, the official is to ask the person to submit a document that states the names, occupations, and addresses of the owner and the sender of the submitted items, as well as a list of the items and the date of submission.

Article 20When carrying out an inspection pursuant to the provisions of Article 47, paragraph (1), item (iv) of the Act based on the provisions of Article 47, paragraph (2) of the Act, an investigator is to deliver a document stating the following information to the persons concerned:

Article 21(1)When an investigator has carried out an inspection pursuant to the provisions of Article 47, paragraph (1), item (iv) of the Act based on the provisions of Article 47, paragraph (2) of the Act, the investigator must prepare an inspection record.

(2)The record referred to in the preceding paragraph must state the title of the case, the purpose, date, time, and place of inspection, the name and occupation of the person present at the inspection, and the results of the inspection.

Article 22(1)If a person subject to a disposition provided for in the items of Article 47, paragraph (1) of the Act that was made by an investigator based on the provisions of Article 47, paragraph (2) of the Act is dissatisfied with the disposition, the person may file an objection with the Commission within one week from the day the person became subject to the disposition, by means of a document stating the grounds for objection.

(2)If the Commission finds that there are grounds for filing an objection, it is to order the investigator to withdraw, rescind, or change the disposition against which the objection was filed and notify the petitioner.

(3)If the Commission dismisses an objection, it must notify the petitioner of this. In such a case, it must indicate the grounds for this.

Article 23(1)Once the investigation of a case has been closed, the Director General of the Economic Affairs Bureau or Investigation Bureau of the General Secretariat must promptly report the results to the Commission.

(2)In the case referred to in the preceding paragraph, if an investigator has made a disposition provided for in Article 47, paragraph (1) of the Act based on the provisions of Article 47, paragraph (2) of the Act, the following particulars must be made clear in the report:

Article 23-2(1)If an investigator issues an order to submit accounting books, documents, or any other such item pursuant to the provisions of Article 47 (1)(iii) of the Act based on the provisions of Article 47 (2) of the Act (limited to when that order is issued in a case involving an act that is suspected to be a violation prescribed in Article 7-2 (1) of the Act (including as applied mutatis mutandis pursuant to Article 8-3 of the Act following the deemed replacement of terms) for which it is has been established that immunity from or reduction of the surcharge set forth in Article 7-4 or Article 7-5 of the Act is applicable (such a violation is referred to as a "violation to which the leniency program applies" in Article 23-3 (1)(iii)) (an act suspected of being such a violation is referred to as an "act suspected of being a violation subject to the leniency program" hereinafter)), but the person in possession of the item (limited to the enterprise engaging in the act suspected of being a violation subject to the leniency program (or a constituent enterprise of the trade association that committed the act suspected of being a violation subject to the leniency program, if that act is suspected of being a violation provided for in Article 7-2 (1) of the Act as applied mutatis mutandis pursuant to Article 8-3 of the Act following the deemed replacement of terms; hereinafter the same) or an officer or employee of the same) makes a written submission indicating that the item contains a record of the substance of privileged communications that have taken place between the enterprise and an attorney (including a law firm; but only if the attorney's law practice is independent from the relevant enterprise) concerning a legal opinion about the act suspected of being a violation subject to the leniency program (such communication is referred to as "specified communications" hereinafter) and asks, in writing, for the handling set forth in the following Article; and if the item bears a notation that it contains a record of the substance of specified communications, and the investigator finds that the item appears to be being stored separately from other items in a specific place of storage (limited to a place managed by the division or an officer or employee of the enterprise that handles the work involved in consulting with attorneys; hereinafter the same applies in Article 23-3 (1)(v) ), the investigator is to issue the order to submit the item after having placed it under seal, and is to retain it.

(2)Unless there are extraordinary circumstances, for each of the specified communications, the enterprise that a request referred to in the preceding paragraph involves (hereinafter referred to as the "specified party") must submit to the Commission a document concerning the item retained pursuant to the provisions of the preceding paragraph (hereinafter individually referred to as a "specified item"), stating the item's title, the date it was prepared or acquired, the persons that engaged in the specified communications, the persons with knowledge of their content, the item's place of storage, and an outline and other necessary particulars (such a document is referred to as a "log" in Article 23-3 (1)(vi)) within two weeks from the day on which the submission order referred to in the preceding paragraph was issued.

Article 23-3(1)If it is confirmed that the specified item meets all of the conditions referred to in the following items, it is to be decided that it is no longer necessary for the item to be retained, and it is to be returned without waiting for the case to be closed:

(2)An official engaged in the investigation of a case involving an act suspected of being a violation subject to the leniency program referred to in paragraph (1) of the preceding Article is not to inspect or copy a specified item related to that case (excluding, however, an item corresponding to the item that is submitted or reported pursuant to item (ii) of the preceding paragraph), neither while the confirmation referred to in the preceding paragraph is taking place, nor once it has been confirmed that all of the conditions referred to in the items of the preceding paragraph have been met.

Article 23-4(1)The confirmation referred to in paragraph (1) of the preceding Article is carried out by an official that the Commission designates from among officials of the Secretariat of the General Secretariat, for each case involving an act suspected of being a violation subject to the leniency program (hereinafter referred to in this Article and the following Article as the "assessing officer").

(2)The Commission is not to designate an official who has been engaged in work related to the investigation of a case involving an act suspected of being a violation subject to the leniency program referred to in Article 23-3 (1), as the assessing officer for that case, and it is not to allow any official who has been designated as an assessing officer in such a case engage in the investigation of that case.

(3)The assessing officer is to ask the specified party to submit materials or provide other such necessary cooperation if the officer finds it necessary do so in order to carry out the confirmation referred to in paragraph (1) of the preceding Article.

(4)If the assessing officer confirms that a specified item satisfies all of the conditions referred to in the items of paragraph (1) of the preceding Article, the officer is to notify the specified party of this.

(5)If the assessing officer confirms that a specified item does not satisfy a condition referred to in one of the items of paragraph (1) of the preceding Article, the officer is to notify the specified party of this and of the reason.

Article 23-5The provisions of Article 18 apply mutatis mutandis to the inspection and copying of a specified item. In such a case, the term "investigation of a case" in Article 18 (1) is deemed to be replaced with "investigation of a case or confirmation by an assessing officer".

Article 23-6(1)The reasonable method provided in the Rules of the Fair Trade Commission which is provided for in Article 7-2 (3) of the Act (including as applied mutatis mutandis pursuant to Article 8-3 of the Act following the deemed replacement of terms) is the method of first dividing the amounts set forth in the items of Article 7-2 (1) of the Act (including as applied mutatis mutandis pursuant to Article 8-3 of the Act following the deemed replacement of terms) for the part of the period of implementation during which the fact that serves as the basis of calculation for the surcharge has been detected, by the number of days in that part of the period, and then multiplying the amounts arrived at by the number of days in the period of implementation during which that fact cannot be detected.

(2)The reasonable method provided in the Rules of the Fair Trade Commission which is provided for in Article 7-2 (3) of the Act as applied mutatis mutandis pursuant to Article 7-9 (3) of the Act following the deemed replacement of terms is the method of first dividing the amounts set forth in the items of Article 7-9 (1) of the Act for the part of the period of implementation during which the fact that serves as the basis of calculation for the surcharge has been detected, by the number of days in that part of the period, and then multiplying the amounts arrived at by the number of days in the period of implementation during which that fact cannot be detected.

(3)The reasonable method provided in the Rules of the Fair Trade Commission which is provided for in Article 7-2 (3) of the Act as applied mutatis mutandis pursuant to Article 7-9 (4) of the Act following the deemed replacement of terms is the method of first dividing the amount prescribed in Article 7-9 (2) of the Act for the part of the period of violation during which the fact that serves as the basis of calculation of the surcharge is detected, by the number of days in that part of the period, and then multiplying the amount arrived at by the number of days in the period of violation during which that fact cannot be detected.

(4)The reasonable method provided in the Rules of the Fair Trade Commission which is provided for in Article 7-2 (3) of the Act as applied mutatis mutandis pursuant to Article 20-7 of the Act following the deemed replacement of terms is the method of first dividing the amounts prescribed in Articles 20-2 to 20-6 of the Act for the part of the period of violation during which the fact that serves as the basis of calculation for the surcharge is detected, by the number of days in that part of the period, and then multiplying the amounts arrived at by the number of days in the period of violation during which that fact cannot be detected.

Article 24(1)A certified copy of a written cease and desist order, written surcharge payment order, or written competition restoration order, or of a written decision prescribed in Section 2 of Chapter VIII of the Act (hereinafter referred to as a "written cease and desist order or similar document") must be served on the addressee or their agent.

(2)When a certified copy of a written cease and desist order or similar document is served, it is to be accompanied by a notice indicating that an action to revoke the cease and desist order or similar disposition may be brought, if this is the case.

Article 25(1)The Commission is to give the notice under the provisions of Article 7-4 (7) of the Act (including as applied mutatis mutandis pursuant to Article 8-3 of the Act following the deemed replacement of terms; the same applies in the following paragraph) and Article 7-7 (3) of the Act (including as applied mutatis mutandis pursuant to Article 7-9 (3) or Article 7-9 (4) of the Act following the deemed replacement of terms; the same applies in the following paragraph) by serving a document indicating that this is the case.

(2)The time provided in the Rules of the Commission which is provided for in Article 7-4 (7) and Article 7-7 (3) of the Act, is the time at which an enterprise other than the relevant enterprise is notified that an order under the provisions of Article 7-2 (1) (including as applied mutatis mutandis pursuant to the provisions of Article 8-3 of the Act following the deemed replacement of terms), or Article 7-9 (1) or Article 7-9 (2) will not be issued.

Article 26(1)The Commission gives warnings (meaning instructions that the Commission gives to an enterprise or trade association to cease, or refrain from resuming, or take other necessary action with regard to acts that it finds are or were likely to be in violation of the provisions of Article 3, Article 6, Article 8, or Article 19 of the Act; the same applies in the following paragraph and Article 30) in writing; it indicates the purpose and details of the warning in the written warning itself, and the Director General of the Investigation Bureau of the General Secretariat must cause their name and seal to be affixed to it.

(2)A written warning must be sent to the addressee or their agent.

(3)Before the Commission issues a warning, it must first give the person that would be the addressee of the warning an opportunity to express an opinion and submit evidence.

(4)A person that will become the addressee of a warning may appoint an agent (limited to an attorney-at-law, legal professional corporation, or other appropriate person approved by the Fair Trade Commission) to express an opinion or submit evidence pursuant to the provisions of the preceding paragraph.

(5)When the Commission gives a person that would become the addressee of a warning an opportunity to express an opinion and submit evidence pursuant to the provisions of paragraph (3), it must notify the person of the following particulars in writing, leaving a sufficient period of time prior to the deadline for expressing an opinion and submitting evidence:

(6)If the Commission finds that there is a justifiable reason to do so, it may extend the deadline provided for in item (ii) of the preceding paragraph on its own authority or pursuant to a petition.

Article 27(1)The status of an agent referred to in paragraph (4) of the preceding Article must be certified in writing.

(2)If an agent referred to in paragraph (4) of the preceding Article loses the status of agent, the person that appointed the agent must promptly file written notification of this with the Commission.

Article 28(1)A person that has been notified as referred to in Article 26, paragraph (5) may state an opinion in writing to the Commission regarding the particulars set forth in Article 26 (5) (i) and provide the Commission with evidence, by the designated deadline.

(2)If a person submits evidence under the provisions of the preceding paragraph, the person must clarify what matter it is meant to prove.

(3)Notwithstanding the provisions of paragraph (1), if the Commission finds it particularly necessary to do so, it may have a person state an opinion orally. In such a case, the Commission is to designate an official to hear the opinion, and is to notify the person seeking to state the opinion of the date, time, and place for stating it.

(4)Before notifying a person pursuant to the provisions of the preceding paragraph, the Commission is to first hear the opinion of the person seeking to state the opinion, regarding the date, time, and place for the opinion to be heard.