Rules on Hearings by the Fair Trade Commission
Pursuant to the provisions of Article 76, paragraph (1) of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947), rules that fully revise the Rules on Investigation and Hearing by the Fair Trade Commission (Fair Trade Commission Rules No. 8 of 2001) are stipulated as follows.
Chapter I General Provisions
(Purpose and Definitions in These Rules)
Article 1 (1) The hearing procedures of the Fair Trade Commission (hereinafter referred to as the "Commission") shall follow these Rules in addition to the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947) (hereinafter referred to as "the Act"; including the cases where the Act is applied mutatis mutandis pursuant to Article 95-4 of the Fisheries Industry Cooperatives Act (Act No. 242 of 1948), and Article 108 of the Small and Medium-Sized Enterprise Cooperatives Act (Act No. 181 of 1949)), and the Act against Unjustifiable Premiums and Misleading Representations (Act No. 134 of 1962); provided, however, that the hearing procedures prescribed in Article 53, paragraph (1) and Article 70-12, paragraph (1) of the Act, and Article 12, paragraph (6) of the Act against Unjustifiable Premiums and Misleading Representations shall be carried out as otherwise stipulated.
(2) The terms used in these Rules that are the same as those used in the Act shall have the same meaning as those used in the Act.
(Calculation of Periods of Time)
Article 2 (1) The calculation of any period of time shall be governed by the provisions related to periods of time in the Civil Code (Act No. 89 of 1896).
(2) If the last day of a period falls on any of the days listed in the items of Article 1, paragraph (1) of the Act on Holidays of Administrative Organs (Act No. 91 of 1988), the period of time shall expire on the immediately following day.
(Language)
Article 3 The Japanese language shall be used for hearing procedures.
(Method of Service by Publication)
Article 4 The Commission may publish the fact that service by publication has been carried out, in an official gazette or a newspaper. With respect to service by publication in a foreign country, the Commission may provide notice that service by publication has been carried out, instead of publishing this in an official gazette or newspaper.
(Preparation of Documents)
Article 5 (1) Except as otherwise provided, any document that is to be prepared in hearing procedures shall be dated, and shall have a name and seal affixed thereto.
(2) Where the document under preceding paragraph is a transcript that is to be prepared by the Commission, the official who prepares the transcript shall note in an adjacent location that the transcript is consistent with the original copy, shall affix his/her name and seal to said transcript, and shall affix his/her seal across the boundary of each of the contiguous pages of the transcript or take other similar measures.
(Correction of Documents)
Article 6 No letter or character shall be altered in preparing documents for hearing procedures. If any letter or character is added, deleted, or written in the margin of a page, a seal of approval shall be affixed to it. In this case, any deleted letter or character shall be left visible so that it can be read.
(Submission of Documents by Facsimile)
Article 7 (1) Documents to be submitted in hearing procedures may be submitted by using facsimile, excluding the following documents:
(i) documents to be submitted based on any of the dispositions listed in the items of Article 47, paragraph (1) of the Act made by the hearing examiner pursuant to the provisions of Article 56, paragraph (1) of the Act;
(ii) written hearing requests and written withdrawal of the hearing requests;
(iii) documents for filing an objection under the provisions of Article 35, paragraph (1);
(iv) documents for filing an objection under the provisions of Article 75; and
(v) documents proving the delegation of authority that is necessary for carrying out hearing procedures or the powers of an agent, and any other document proving important matters for hearing procedures.
(2) Where a document is submitted via facsimile, it shall be deemed to have been submitted to the Commission or the hearing examiner at the time that the Commission receives it.
(3) The Commission or the hearing examiner may, when necessary in a case provided for in the preceding paragraph, have the submitter submit the original of the transmitted document.
(Provision of Information Contained in the Document to be Submitted to the Hearing Examiner by Electromagnetic Means)
Article 8 If the investigator or the respondent or his/her agent has an electromagnetic record (meaning a record made in an electronic form, a magnetic form, or any other form not recognizable to human perception which is used in information processing by computers; hereinafter the same shall apply in this Article) of the information contained in the document that has been submitted to or is to be submitted to the hearing examiner, the hearing examiner may request said person to provide the information recorded in the electromagnetic record by electromagnetic means (meaning a method using an electronic data processing system or any other method using information and communications technology) specified by the hearing examiner in cases where he/she deems it necessary.
Chapter II Commencement of Hearing Procedures
(Written Hearing Request)
Article 9 (1) In order to file a request for a hearing under the provisions of Article 49, paragraph (6) of the Act or Article 50, paragraph (4) of the Act, a written hearing request prescribed in Article 52, paragraph (1) of the Act shall be submitted to the Commission.
(2) A written hearing request set forth in Article 52, paragraph (1) of the Act shall be prepared using Form No. 1 and, insofar as possible, contain a concrete description of the claim underlying the hearing request and also contain, for each of the grounds to be proved, important facts related to the claim and evidence.
(3) The Commission may, if it finds that a hearing request fails to comply with the provisions of Article 52, paragraphs (1) and (2) of the Act but can be corrected, request correction of the hearing request and specify a reasonable period of time for such correction. In this case, if the defect is minor, the Commission may correct the hearing request by its own authority.
(Withdrawal of a Hearing Request)
Article 10 In order to withdraw a hearing request under the provisions of Article 52, paragraph (4) of the Act, the withdrawal shall be made using Form No. 2.
(Commencement of Hearing Procedures)
Article 11 The written notice of commencement of hearing procedures prescribed in Article 55, paragraph (1) of the Act shall contain the following matters:
(i) indication of the original disposition;
(ii) the hearing case number; and
(iii) the fact that the respondent or his/her agent is to appear on the hearing date.
Chapter III Designation of the Hearing Examiner and Persons Concerned in the Hearing
(Designation of the Hearing Examiner)
Article 12 (1) If the Commission, after commending hearing procedures, decides to designate a hearing examiner for each case and have the hearing examiner carry out all or part of the hearing procedures pertaining to the case pursuant to the provisions of Article 56, paragraph (1) of the Act, it shall notify the respondent or his/her agent of the name of the hearing examiner.
(2) In the case set forth in the preceding paragraph, if the Commission intends to limit the scope of hearing procedures to be carried out by the hearing examiner, it shall also notify the respondent or his/her agent of the scope of hearing procedures to be carried out by the hearing examiner, in addition to the name of the hearing examiner prescribed in the preceding paragraph.
(3) In the case set forth in paragraph (1), if the Commission decides to have multiple hearing examiners carry out the hearing procedures, it shall nominate one of such hearing examiners as a person who directs the affairs pertaining to the hearing procedures, and notify the respondent or his/her agent to that effect.
(4) In the case prescribed in the preceding paragraph, except as otherwise provided by these Rules, any disposition to be made by a trial examiner in the hearing procedures pertaining to the case shall be made by a panel of said multiple hearing examiners. In this case, a decision of the panel shall be made by a majority vote.
(Authority of the Hearing Examiner)
Article 13 (1) The hearing examiner shall exercise the authority of the Commission with regard to the hearing procedures pursuant to the provisions of Article 56 of the Act and the provisions of these Rules.
(2) The hearing examiner shall perform his/her duties fairly, expeditiously, and independently.
(Hearing Officials)
Article 14 (1) The Commission shall have its officials perform affairs related to hearings.
(2) The officials set forth in the preceding paragraph (hereinafter referred to as "hearing officials") shall perform affairs concerning preparation, retention, service, and sending of records and any other documents in hearing procedures and affairs concerning notice under the provisions of these Rules as ordered by a person nominated as the person who directs the affairs pertaining to the hearing procedures set forth in Article 12, paragraph (3) (if only one hearing examiner has been designated pursuant to the provisions of Article 56, paragraph (1) of the Act, said hearing examiner; hereinafter referred to as the "chief hearing examiner").
(Agent)
Article 15 (1) The authority of an agent who is an attorney at law or a law firm shall be proved by means of a written document.
(2) The document under the preceding paragraph shall clearly state the name of the bar association to which the agent belongs and the agent's business office, and shall also indicate the scope and extent of the agent's authority for representation.
(3) Where the agent is a law firm, the name of the attorney at law in charge of the case in question as a member of said firm, the name of the bar association to which said attorney at law belongs, and the scope and extent of the tasks (work) that each attorney at law may perform shall be clearly stated in the document under paragraph (1).
(4) When the respondent wishes to obtain approval for the appointment of a person other than an attorney at law or a law firm as the agent, he/she shall submit to the hearing examiner a document stating that person's name, address, and occupation, his/her relationship to the respondent, and other documents sufficient to show that said person is appropriate as an agent.
(5) A document clearly indicating the agent's authority and the scope thereof shall be attached to the document under the preceding paragraph.
(6) Where the hearing examiner has received the document under paragraph (4), he/she shall notify the respondent and the investigator when he/she has decided give or not to give approval for the person referred to in the motion to act as the agent.
(7) The respondent shall, where the agent's authority for representation lapses, notify the hearing examiner thereof in writing without delay.
(Interrogation and Ruling for Intervention)
Article 16 (1) Where the Commission interrogates the respondent and a third party pursuant to the provisions of the proviso to Article 70-3 of the Act, it may do so by means of a document.
(2) The Commission may have the hearing examiner carry out the interrogation set forth in the preceding paragraph. In this case, the hearing examiner who carries out the interrogation shall report the outcome of the interrogation to the Commission, with his/her opinion attached thereto.
(3) When the Commission makes a ruling to have a third party intervene as a party, it shall notify the respondent and said third party (hereinafter referred to as the "intervenor") to that effect.
(Acts of Intervenors)
Article 17 In hearing procedures, an intervenor may make factual and legal statements, offer evidence, or perform any other necessary acts.
(Achieving Proper and Speedy Procedures)
Article 18 (1) The hearing examiner shall set a target to conclude hearing procedures in as short a period as possible not exceeding two years, and shall endeavor to achieve the target by implementing a procedure that is substantial in content.
(2) The hearing examiner, the investigator, and the respondent or his/her agent shall ensure the well-organized progress of hearing procedures in order to achieve proper and speedy procedures.
Chapter IV Hearing Date and Preparations Therefor
(Designation, etc. of the Hearing Date)
Article 19 (1) Hearing dates shall be designated by the hearing examiner.
(2) Notice of the hearing date to the investigator and the respondent or his/her agent shall be given by means of a written notice containing the date and the place to appear and any other necessary matters; provided, however, that such notice may be given orally to any person attending or appearing on a hearing date.
(3) The hearing examiner may, if he/she finds it to be necessary, change a hearing date.
(4) The hearing examiner shall, if he/she changes a hearing date pursuant to the provisions of the preceding paragraph, promptly notify the investigator and the respondent or his/her agent to that effect.
(Hearing Court)
Article 20 (1) A hearing on a hearing date shall be carried out at the hearing court of the Commission; provided, however, that the hearing examiner may, if he/she finds it to be necessary, specify a place appropriate for carrying out the hearing on the hearing date as the hearing court.
(2) The hearing examiner shall, if he/she specifies a place appropriate for carrying out the hearing on the hearing date as the hearing court pursuant to the provisions of the proviso to the preceding paragraph, promptly notify the investigator and the respondent or his/her agent to that effect.
(Persons Present at Hearings)
Article 21 (1) On a hearing date, a hearing shall be held in the presence of the hearing examiner and hearing officials, and with attendance of the investigator.
(2) The respondent or his/her agent shall appear on a hearing date.
(Notification of Non-Appearance of the Respondent or His/Her Agent)
Article 22 The respondent or his/her agent shall, if he/she is unable to appear on a hearing date, notify the hearing examiner to that effect without delay and clarify the reasons therefor.
(Request for a Closed Hearing)
Article 23 (1) A request for a closed hearing shall clarify the scope of and reason for the requested closure and the period during which the hearing is requested to be closed to the public.
(2) The hearing examiner shall, when carrying out a closed hearing, announce that the hearing is closed and the reasons for the closure.
(Opening Procedure)
Article 24 (1) The respondent or his/her agent shall, at the opening of hearing procedures, state the purpose and reason for the request for the hearing based on the written request for the hearing.
(2) Following the statement of the respondent or his/her agent under the preceding paragraph, the investigator shall state the contents of the original disposition, the facts that led to the original disposition, the application of laws and regulations thereto, and the appropriateness of the original disposition, based on a brief (meaning a document containing matters to be stated on a hearing date; the same shall apply hereinafter).
(3) A transcript of the written cease and desist order or the written payment order for the surcharge pertaining to the hearing request shall be attached to the brief containing the statements set forth in the preceding paragraph.
(Constructive Statements)
Article 25 When the respondent or his/her agent fails to appear on a hearing date, the hearing examiner may deem that the respondent or his/her agent has stated the matters contained in the written hearing request or the brief that has been submitted by the respondent or his/her agent.
(Examination of Evidence)
Article 26 (1) The hearing examiner may carry out examination of evidence when he/she finds it to be necessary upon request or by his/her own authority.
(2) Examination of evidence shall be carried out in accordance with the procedure prescribed in the following Chapter.
(3) Except as otherwise provided by these Rules, examination of evidence shall be carried out on a hearing date.
(Closing Statement of Opinion)
Article 27 (1) Upon completion of examination of evidence, the investigator may state his/her opinion as to the facts that led to the original disposition, the application of laws and regulations thereto, and the appropriateness of the original disposition.
(2) The respondent or his/her agent shall be given an opportunity to state his/her opinion at the end.
(3) In cases where the respondent or his/her agent fails to appear on the date set forth in the preceding paragraph without justifiable grounds, the hearing procedures may be concluded without giving him/her another opportunity to state his/her opinion.
(Modification of Assertion by the Investigator)
Article 28 (1) The investigator may, under the provisions of Article 58, paragraph (2) of the Act, modify his/her assertion with regard to the facts that led to the original disposition and the application of laws and regulations thereto, to the extent that the identity of the case will not be lost.
(2) If the modification set forth in the preceding paragraph results in a considerable delay in the hearing procedures, the investigator may not make the modification, notwithstanding the provisions of the preceding paragraph.
(3) When the investigator makes the modification set forth in paragraph (1), the hearing examiner shall give consideration so that the modification will not cause substantial detriment to the defense of the respondent.
(4) The hearing examiner shall, when he/she does not approve the modification set forth in paragraph (1) by the investigator, clarify such fact and the reasons therefor on a hearing date.
(Maintenance of Order)
Article 29 The chief hearing examiner may order necessary matters or take necessary measures for maintaining order in the hearing court.
(Limitation on Arguments)
Article 30 When a statement made by the investigator, the respondent, or his/her agent overlaps with a previously made statement or extends to matters unrelated to the case, or when the chief hearing examiner otherwise finds it to be particularly necessary, the chief hearing examiner may limit such statement.
(Authority to Request Explanation and to Ask Questions)
Article 31 (1) The chief hearing examiner may, in order to clarify the case, question the investigator, the respondent, or his/her agent or urge them to offer proof with regard to factual or legal matters on a hearing date or outside a hearing date.
(2) A hearing examiner other than the chief hearing examiner may take the measures prescribed in the preceding paragraph after notifying the chief hearing examiner to that effect.
(3) When the meaning of a statement made by the other party is unclear, the investigator, the respondent, or his/her agent may request that the chief hearing examiner ask a question of the other party or may directly question the other party with the permission of the chief hearing examiner on a hearing date or outside a hearing date.
(4) If the chief hearing examiner or a hearing examiner other than the chief hearing examiner takes a measure outside a hearing date under the provisions of paragraph (1) or (2) with regard to a matter that may cause a material change to allegations or evidence, he/she shall notify the other party of the contents thereof.
(Consolidation and Separation of Hearings)
Article 32 (1) When the hearing examiner consolidates or separates hearing procedures pursuant to the provisions of Article 64 of the Act, he/she shall notify the investigator and the respondent or his/her agent to that effect.
(2) Consolidation of hearing procedures may be carried out prior to the first hearing date.
(Conclusion and Reopening of a Hearing)
Article 33 (1) The hearing examiner may, if he/she finds it to be appropriate, conclude hearing procedures or reopen concluded hearing procedures by his/her own authority or upon request.
(2) The hearing examiner shall, when reopening hearing procedures pursuant to the provisions of the preceding paragraph, notify the investigator and the respondent or his/her agent to that effect.
(Filing an Objection with the Hearing Examiner)
Article 34 (1) If the investigator, the respondent, or his/her agent is dissatisfied with a disposition concerning hearing procedures made by the hearing examiner (excluding the dispositions set forth in the items of Article 47, paragraph (1) of the Act made by the hearing examiner under the provisions of Article 56, paragraph (1) of the Act), he/she may file an objection with a panel of hearing examiners (if only one hearing examiner has been designated pursuant to the provisions of Article 56, paragraph (1) of the Act, said hearing examiner; hereinafter the same shall apply in this Article) without delay.
(2) If the panel of hearing examiners set forth in the preceding paragraph finds that the objection has grounds, it shall revoke, rescind, or alter the disposition against which the objection was filed.
(3) When the panel of hearing examiners set forth in paragraph (1) dismisses the objection, it shall indicate the reasons therefor.
(Filing an Objection with the Commission)
Article 35 (1) If a person who has received any of the dispositions set forth in Article 47, paragraph (1) of the Act made by the hearing examiner under the provisions of Article 56, paragraph (1) of the Act is dissatisfied with said disposition, he/she may file an objection with the Commission by means of a document containing the reasons therefor, within one week from the day on which he/she received the disposition.
(2) If the Commission finds that the objection has grounds, it shall order the hearing examiner to revoke, rescind, or alter the disposition against which the objection was filed, and notify the objector to that effect.
(3) When the Commission dismisses the objection, it shall notify the objector to that effect. In this case, it shall indicate the reasons therefor.
(Brief)
Article 36 (1) Assertions to be made on a hearing date shall be prepared in the form of a brief.
(2) A brief shall be submitted to the hearing examiner while allowing a period necessary for the other party to make preparations with regard to the matters contained therein.
(Period for Submission of Briefs, etc.)
Article 37 The chief hearing examiner may specify a period during which briefs may be submitted or evidence may be offered.
(Preparatory Proceedings)
Article 38 (1) The hearing examiner may, if he/she finds it to be appropriate, carry out preparatory proceedings by requesting the investigator to attend and the respondent or his/her agent to appear, in order to arrange the issues and evidence of the case. In this case, if he/she finds it to be necessary, he/she may have the investigator or the respondent or his/her agent submit a brief or any other document in lieu of or to supplement such method.
(2) The hearing examiner may examine documents (including those prescribed in Article 50) on the preparatory proceeding date.
(3) The hearing examiner may allow any person deemed appropriate to observe the proceedings on the preparatory proceeding date; provided, however, that he/she shall only allow persons requested by the respondent or his/her agent to observe the proceedings if he/she finds that it has no risk of interfering with the proceedings.
(4) If the respondent or his/her agent resides in a remote place or if the hearing examiner otherwise finds it to be reasonable, the hearing examiner may carry out the proceedings on the preparatory proceeding date using a method that enables the hearing examiner, the investigator, and the respondent or his/her agent to communicate simultaneously with one another by audio transmission. In this case, the respondent or his/her agent who participated in the preparatory proceedings without physically appearing on said date shall be deemed to have appeared on said date.
(5) When carrying out proceedings on a preparatory proceeding date using a method that enables the hearing examiner, the investigator, and the respondent or his/her agent to communicate simultaneously with one another by audio transmission pursuant to the provisions of the preceding paragraph, the hearing examiner shall confirm the identities of the parties and their locations.
(6) The investigator and the respondent or his/her agent shall state the outcome of the preparatory proceedings on a hearing date.
Chapter V Evidence
Section 1 Offer of Evidence and Ruling on Examination of Evidence
(Order in Which Evidence Is Offered)
Article 39 (1) The investigator shall offer evidence that is found to be necessary for the hearing of the case in the beginning of the examination of evidence.
(2) The respondent or his/her agent may offer evidence that is found to be necessary for the hearing of the case after evidence is offered under the preceding paragraph.
(Method of Offering Evidence)
Article 40 In order to offer evidence, the offer shall be made by means of a document indicating the means of evidence, and the matters to be proved thereby shall be submitted.
(Request for Interrogation of a Witness, etc.)
Article 41 (1) In order to request an interrogation of a witness, the request shall be made by clarifying the name, address, and occupation of the witness, the subject matter to be interrogated, and the need for the interrogation.
(2) In order to request an interrogation of the respondent himself/herself, the request shall be made by clarifying the name and address of the respondent, the subject matter to be interrogated, and the need for the interrogation.
(Request for Inspection)
Article 42 In order to request an inspection, the request shall be made by indicating the subject matter of the inspection and the need for the inspection.
(Request for an Expert Opinion)
Article 43 In order to request an expert opinion, the request shall be made by clarifying the subject matter for which the expert opinion is requested and the need for the expert opinion.
(Written Expert Opinion)
Article 44 The chief hearing examiner shall, when he/she has had an expert witness give an expert opinion pursuant to the provisions of Article 47, paragraph (1), item (ii) of the Act based on the provisions of Article 56, paragraph (1) of the Act, have the expert witness report the progress and outcome thereof by a written expert opinion.
(Offer of Documentary Evidence)
Article 45 (1) In order to offer documentary evidence, the offer shall be made by submitting a document or filing a motion for an order to have the holder of the document submit it.
(2) When offering documentary evidence by submitting a document, the offer shall be made by clarifying the title of the document and the facts to be proved, unless they are clear from the contents of the document.
(3) When submitting a document, a copy may be submitted in lieu of the original with the permission of the chief hearing examiner.
(Motion for an Order to Submit a Document, etc.)
Article 46 (1) In order to file a motion for an order to submit a document or any other article, the motion shall be filed by means of a document clarifying the following matters:
(i) indication of the document or any other article;
(ii) the purport of the document;
(iii) the holder of the document or other article;
(iv) the facts to be proved; and
(v) the reason and the need for the motion.
(2) The hearing examiner shall, if he/she finds that there are grounds for the motion set forth in the preceding paragraph, order the holder of the document or other article (hereinafter referred to as the "document, etc." in this Article) to submit the document, etc.
(3) The hearing examiner may, if he/she deems it necessary, retain the document, etc. that has been submitted.
(Return or Temporary Return of Retained Objects)
Article 47 (1) Any retained item that no longer needs to be held in custody shall be returned without waiting for the closure of the case.
(2) Any retained item may be temporarily returned upon the request of its owner or sender.
(Documents Submitted Voluntarily)
Article 48 Where the hearing examiner receive documents or any other items that has been voluntarily submitted, he/she shall, if he/she finds it necessary, request that the submitter of said article 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 articles and the date on which they were submitted.
(Attachment of a Translation, etc.)
Article 49 When offering documentary evidence prepared in a foreign language, a translation of the part of the document for which examination is requested shall be attached thereto.
(Application Mutatis Mutandis to Articles Equivalent to Documents)
Article 50 The provisions on documentary evidence shall apply mutatis mutandis to drawings, photographs, audio tapes, video tapes, and any other articles prepared for representing information, which are not documents.
(Ruling on Examination of Evidence)
Article 51 (1) When evidence has been offered, the investigator, the respondent, or his/her agent may express his/her opinion as to whether or not the evidence should be admitted.
(2) The hearing examiner may choose not to admit any evidence offered by the investigator, the respondent, or his/her agent which he/she finds to be unnecessary. In this case, the hearing examiner shall indicate the reasons therefor.
(3) If any obstacle to examination of evidence exists for an uncertain period, the hearing examiner may choose not to conduct the examination of evidence.
Section 2 Interrogation
(Period for Submission of Documents, etc. Used for Interrogation)
Article 52 Any document planned to be used in the interrogation of a witness, an expert witness, or the respondent himself/herself shall be submitted by allowing a reasonable period before the time of commencement of the interrogation of the witness, the expert witness, or the respondent himself/herself, except for those that are to be used as evidence for denying the credibility of statements made by the witness, the expert witness, or the respondent himself/herself; provided, however, that, when it is not possible to submit such document, it shall be sufficient to submit a copy thereof.
(Writ of Summons)
Article 53 (1) A writ of summons for a witness shall contain the following matters and the chief hearing examiner shall affix his/her name and seal thereto and serve it:
(i) the date, time and place to appear;
(ii) the hearing case number;
(iii) the subject matter to be interrogated;
(iv) legal sanction against a failure to appear; and
(v) any other matters that are found to be necessary.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis to a writ of summons for an expert witness or the respondent himself/herself.
(3) When a witness, an expert witness, or the respondent himself/herself is present in court, he/she may be interrogated or be made to give an expert opinion immediately, notwithstanding the provisions of the preceding two paragraphs.
(Individual Interrogation)
Article 54 (1) When interrogating a witness, an expert witness, or the respondent himself/herself, they shall be interrogated individually.
(2) When a witness or an expert witness who is to be interrogated later is present in court, the chief hearing examiner shall order him/her to leave the court; provided, however, that this shall not apply when it is found to be necessary.
(Questions for Identification)
Article 55 The chief hearing examiner shall first confirm the identity of the witness, the expert witness, or the respondent himself/herself.
(Oath)
Article 56 (1) The oath shall be taken prior to interrogation.
(2) The oath shall be taken in writing.
(3) The written oath of a witness shall contain a statement that the witness swears to tell the truth according to the dictates of his/her conscience without concealing anything or adding anything.
(4) The written oath of an expert witness shall contain the fact that the expert witness swears to give an expert opinion sincerely according to the dictates of conscience.
(5) The chief hearing examiner shall have the witness or expert witness read aloud the written oath and have him/her affix his/her signature and seal thereto.
(6) In the case under the preceding paragraph, when the witness or expert witness is unable to sign the written oath, another person shall sign on his/her behalf, and when he/she is unable to seal the written oath, he/she shall affix his/her fingerprint thereto. However, where another person signs on behalf of the witness or expert witness, said person shall state the reason therefor in the written oath and sign and seal it.
(7) The oath shall be administered solemnly while standing.
(8) Notwithstanding the provisions of the preceding three paragraphs, the oath by an expert witness may be administered by submitting a written oath to the hearing examiner. In this case, the explanation of the purpose of the oath and the notification of the punishment for giving a false expert opinion as prescribed in the following Article by the chief hearing examiner shall be provided by the method of sending a document containing such matters to the expert witness.
(Notification of the Penal Provisions)
Article 57 The chief hearing examiner shall notify a witness or an expert witness who has taken an oath, prior to interrogation, that a false statement or a false expert opinion shall constitute a crime pursuant to the provisions of Article 92-2 of the Act and that refusal to provide a statement or an expert opinion without justifiable grounds shall constitute a crime pursuant to the provisions of Article 94 of the Act.
(Interpretation)
Article 58 (1) When a person who is not proficient in the Japanese language makes a statement, the chief hearing examiner shall have an interpreter interpret the statement.
(2) In the case set forth in the preceding paragraph, the chief hearing examiner shall have the interpreter taken an oath. In this case, the provisions of Article 56 (excluding paragraphs (3) and (8)) shall apply mutatis mutandis to the oath by the interpreter.
(Method of Examining a Witness, etc.)
Article 59 (1) The investigator, the respondent, or his/her agent may interrogate a witness, an expert witness, or the respondent himself/herself after notifying the chief hearing examiner to that effect. In this case, if the examination of the witness, the expert witness, or the respondent himself/herself has been requested by the investigator, the respondent, or his/her agent, the person who has made the request shall interrogate the witness, etc. first.
(2) The hearing examiner may interrogate the witness, the expert witness, or the respondent himself/herself after the completion of the interrogation set forth in the preceding paragraph.
(3) The chief hearing examiner may, if he/she finds it to be appropriate, change the order of the interrogations set forth in the preceding two paragraphs after hearing the opinions of the investigator and the respondent or his/her agent.
(4) In addition to the interrogation under the provisions of paragraph (2), the chief hearing examiner may, if he/she finds it to be necessary, directly interrogate a witness, an expert witness, or the respondent himself/herself at any time.
(5) A hearing examiner other than the chief hearing examiner may interrogate a witness, an expert witness, or the respondent himself/herself after notifying the chief hearing examiner to that effect.
(6) Neither a witness nor the respondent himself/herself may make statements based on a document; provided, however, that this shall not apply when he/she has obtained the permission of the chief hearing examiner.
(Limitation of Questions)
Article 60 (1) Questions shall be asked specifically and concretely insofar as possible.
(2) The investigator and the respondent or his/her agent shall not ask the following questions; provided, however, that this shall not apply to the questions listed in items (ii) through (v) when there are justifiable grounds:
(i) questions that insult or confuse the witness, the expert witness, or the respondent himself/herself;
(ii) leading questions;
(iii) questions that overlap previously asked questions;
(iv) questions unrelated to the issues;
(v) questions seeking statements of opinion.
(3) The chief hearing examiner may, if he/she finds that a question violates the provisions of the preceding paragraph, restrict such question by his/her own authority or upon request.
(Simultaneous Examination)
Article 61 The chief hearing examiner may, if he/she finds it to be necessary, have a witness, an expert witness, and/or the respondent himself/herself undergo simultaneous examination.
(Expert Witness)
Article 62 The provisions on interrogation of witnesses shall apply to the interrogation of expert witnesses.
(Interrogation through Communication by Audio and Visual Transmissions)
Article 63 (1) In the case of interrogating a witness, an expert witness, or the respondent himself/herself, if the witness, the expert witness, or the respondent himself/herself lives in a remote place or if the hearing examiner otherwise finds it reasonable, the interrogation may be carried out by any method that enables parties at a distance to communicate while mutually recognizing the other party's status by image and sound.
(2) In the case where a witness or an expert witness is interrogated using any method prescribed in the preceding paragraph, the interrogation shall be carried out, after hearing the opinion of the investigator and the respondent or his/her agent, by having the respondent or his/her agent appear at the hearing court and having the witness or expert witness appear at an office of the Fair Trade Commission where equipment necessary for said interrogation is installed.
(3) If the respondent himself/herself is interrogated using the method prescribed in paragraph (1), the interrogation shall be carried out, after hearing the opinion of the investigator and the respondent or his/her agent, by having the respondent himself/herself appear at an office of the Fair Trade Commission where equipment necessary for said interrogation is installed.
(4) If interrogation is carried out using the method prescribed in paragraph (1), facsimile may be used to transmit and present copies of documents or to take any other measures necessary for implementing the interrogation.
(5) When an interrogation is carried out using the method prescribed in paragraph (1), such fact and the office of the Fair Trade Commission where the witness, the expert witness, or the respondent himself/herself appeared shall be written in the record.
Section 3 Examination of Evidence Outside an Appearance Date
(Examination of Evidence Outside an Appearance Date)
Article 64 (1) The hearing examiner may, if he/she finds it necessary, carry out examination of evidence outside an appearance date. In such case, the hearing examiner shall give the investigator and the respondent or his/her agent the opportunity to attend the examination.
(2) The chief hearing examiner may, if he/she finds it reasonable, have a hearing examiner other than the chief hearing examiner carry out the examination of evidence set forth in the preceding paragraph. In such case, the chief hearing examiner shall notify the investigator and the respondent or his/her agent of the name of the hearing examiner who will carry out the examination of evidence.
Chapter VI Hearing Record, etc.
(Hearing Record)
Article 65 (1) The hearing official shall prepare a record for each hearing date. A record shall contain the following matters, and the hearing official shall affix his/her name and seal thereto, and the hearing examiner shall affix his/her seal of approval thereto:
(i) the date and place of the hearing;
(ii) the names and official titles of the hearing examiner and the hearing official who were present at the hearing and the investigator who attended the hearing, and the names of the respondent and/or his/her agent who appeared at the hearing and any stenographer and interpreter who attended the hearing;
(iii) if the respondent or his/her agent did not appear, an entry to that effect;
(iv) if the hearing was closed to the public, an entry to that effect and the reasons therefor;
(v) the names of the witnesses or expert witnesses who were interrogated, and if any of them did not take an oath, an entry to that effect and the reasons therefor;
(vi) any offer of evidence or any filing of a motion;
(vii) a summary of the factual and legal statements made by the investigator, the respondent, or his/her agent and a summary of the questions asked of and statements made by any witnesses, expert witnesses, or the respondent himself/herself (this may be substituted by quoting a stenographic record or a document);
(viii) any documents or any other articles examined;
(ix) any rulings rendered and any other matters pronounced by the hearing examiner; and
(x) any matters which the chief hearing examiner ordered to be entered.
(2) Notwithstanding the provisions of the preceding paragraph, the hearing official may, with the permission of the chief hearing examiner, record the statements made by a witness, an expert witness, or the respondent himself/herself during interrogation onto an audio or video tape (including an object which can record certain matters by a method equivalent thereto), and substitute it for the entry in the record.
(3) The investigator, the respondent, or his/her agent may file an objection with the hearing examiner as to the accuracy of the entries in the record. If an objection is filed, the hearing official shall enter it into the record.
(4) The hearing examiner shall order the hearing official to alter the portion of the entry pertaining to said objection, and notify the investigator, the respondent, or his/her agent to that effect, if he/she finds that the objection set forth in the preceding paragraph has grounds,.
(Record of Retention)
Article 66 (1) When the hearing examiner retains any submitted item pursuant to the provisions of Article 47, paragraph (1), item (iii) of the Act based on the provisions of Article 56, paragraph (1) of the Act, he/she shall prepare a record of such retention. In this case, the hearing examiner may have the hearing official prepare the retention record.
(2) The record under the preceding paragraph shall incorporate the hearing case number, the name, occupation, and address of the owner and the sender of the retained objects, and the date and place of their retention, and the hearing examiner or the hearing official shall affix his/her name and seal thereto, and the hearing examiner shall affix his/her seal of approval thereto.
(3) A list of the retained objects shall be attached to the record under paragraph (1).
(4) A copy of the list shall be issued when the owner of the retained objects so requests.
(Record of Examination of Evidence Outside an Appearance Date)
Article 67 (1) If examination of evidence has been carried out outside an appearance date pursuant to the provisions of Article 64, the hearing official shall prepare a record. The record shall contain the results of the examination of evidence and any other necessary matters, and the hearing official shall affix his/her name and seal thereto, and the hearing examiner shall affix his/her seal of approval thereto.
(2) The record set forth in the preceding paragraph shall be presented on a hearing date.
(3) The provisions of Article 65, paragraphs (2) through (4) shall apply mutatis mutandis to the record set forth in paragraph (1).
(Record of Preparatory Proceedings)
Article 68 (1) If preparatory proceedings have been carried out, the hearing official shall prepare a record. The record shall contain the outcome of the proceedings and any other necessary matters for each date of preparatory proceedings, and the hearing official shall affix his/her name and seal thereto, and the hearing examiner shall affix his/her seal of approval thereto.
(2) If the proceedings set forth in Article 38, paragraph (4) have been carried out, the hearing official shall enter such fact and the telephone number of the called party in the record set forth in the preceding paragraph. In this case, the location of the called party shall be entered in the record in addition to the telephone number.
(3) The provisions of Article 65, paragraphs (3) and (4) shall apply mutatis mutandis to the record set forth in paragraph (1).
(Quotation in a Record)
Article 69 A document, photograph, or any other material which the chief hearing examiner finds to be appropriate may be quoted or used in the record based on the provisions of Article 65 through the preceding Article, and be deemed to constitute a part of the record by attaching it to the record.
(Stenographic Record)
Article 70 (1) The chief hearing examiner may, if he/she finds it to be necessary, have a stenographer attend on a hearing date and have the stenographer take stenographic notes of statements.
(2) The stenographer who has attended a hearing shall prepare a stenographic record, affix his/her name and seal thereto, and submit it to the hearing examiner.
(3) The hearing examiner shall affix his/her seal of approval to the stenographic record set forth in the preceding paragraph.
Chapter VII Hearing Procedures Carried Out by the Commission
(Hearing Procedures Carried Out by the Commission)
Article 71 (1) Commission hearing procedures shall not be held without presence of the Chairman and two or more Commissioners.
(2) With regard to application of the provisions of the preceding paragraph, in the event that the Chairman is unable to be present, the representative of the Chairman prescribed in Article 33, paragraph (2) of the Act shall be deemed to be the Chairman.
(Application Mutatis Mutandis of the Provisions on Hearing Procedures Carried Out by Hearing Examiners)
Article 72 When the Commission holds hearing procedures, the provisions on hearing procedures carried out by hearing examiners (excluding those concerning the draft hearing decision) shall apply mutatis mutandis.
Chapter VIII Hearing Decision
(Preparation of a Draft Hearing Decision)
Article 73 The hearing examiner shall prepare a draft hearing decision without delay after the conclusion of the hearing procedures, submit it to the Commission together with the case record, and serve a transcript of it on the investigator and the respondent or his/her agent.
(Matters to Be Entered in a Draft Hearing Decision)
Article 74 (1) The hearing examiner shall, if he/she considers it to be reasonable to render a hearing decision pursuant to the provisions of Article 66 of the Act, enter into the draft hearing decision the contents of the main text of the decision which he/she finds reasonable, as well as the facts, evidence, and application of laws and regulations (if he/she considers it to be reasonable to render the hearing decision set forth in paragraph (3) of said Article pertaining to a payment order, the basis for calculation of the surcharge shall be entered in addition to these matters); provided, however, that it shall be possible not to enter evidence into the draft hearing decision in the case of rendering a hearing decision pursuant to the provisions of paragraph (1) of said Article.
(2) The hearing examiner shall affix his/her signature and seal to the draft hearing decision.
(3) If the hearing examiner is unable to affix his/her signature and seal to the draft hearing decision, another hearing examiner shall attach his/her signature and seal thereto, while noting the grounds therefor in the draft hearing decision.
(Filing an Objection Against a Draft Hearing Decision)
Article 75 The investigator and the respondent or his/her agent may file an objection with the Commission by means of a document, within two weeks of receiving service of the transcript of the draft hearing decision.
(Request for Making a Statement)
Article 76 (1) The respondent or his/her agent shall, if he/she intends to file a request for making a statement based on the provisions of Article 63 of the Act, submit a document containing such fact and a summary of the statement to the Commission by the day on which the period set forth in the preceding Article elapses.
(2) When the request for making a statement set forth in the preceding paragraph has been filed, the Commission shall designate the date for hearing the statement without delay after the period set forth in the preceding Article elapses, and serve on the respondent or his/her agent a written notice containing the date, time, and place for hearing the statement and any other necessary matters.
(Hearing of the Statement)
Article 77 (1) The respondent or his/her agent shall, if he/she is unable to appear on the date for hearing the statement, notify the Chairman to that effect without delay, while clarifying the reasons therefor.
(2) The Chairman may, if he/she finds it to be necessary, change the date for hearing the statement.
(3) On the date for hearing the statement, the hearing of the statement shall be directed by the Chairman.
(4) On the date for hearing the statement, the respondent or his/her agent shall make a statement based on the document submitted pursuant to the provisions of paragraph (1) of the preceding Article.
(5) With regard to hearing of the statement, the hearing official shall prepare a record containing a summary of the stated opinion and any other necessary matters, and shall affix his/her name and seal thereto, and the Chairman shall affix his/her seal of approval thereto.
(6) If the respondent or his/her agent fails to appear on the date for hearing the statement without justifiable grounds, the request for making a statement shall be deemed to have been revoked.
(7) The provisions of Article 71 shall apply mutatis mutandis to hearing of the statement.
(Hearing Decision Based on a Draft Hearing Decision)
Article 78 (1) The Commission may, after the period set forth in Article 75 elapses (if a request for making a statement has been made based on the provisions of Article 63 of the Act, it shall be after giving an opportunity to make the statement), immediately render a hearing decision having the same contents as the draft hearing decision, if it finds the draft hearing decision to be appropriate as a result of examining the draft hearing decision based on the case record submitted under the provisions of Article 73, the written objection submitted under the provisions of Article 75, and the statement heard under the provisions of the preceding Article.
(2) If, as a result of the examination set forth in the preceding paragraph, the Commission finds that an objection or statement has grounds, or if it otherwise finds it to be necessary, it may render a hearing decision having different contents from the draft hearing decision, or directly open a hearing on the case, or order the hearing examiner to reopen the hearing procedures by instructing the points to be further heard.
(Reopening of Hearing Procedures After Submission of a Draft Hearing Decision)
Article 79 The Commission shall, if it has directly opened a hearing pursuant to the provisions of paragraph (2) of the preceding Article or has rendered a decision to order the hearing examiner to reopen the hearing procedures, prepare a written decision and serve a transcript thereof on the respondent or his/her agent.
(Written Hearing Decision)
Article 80 (1) In the case of rendering a hearing decision pursuant to the provisions of Article 66 of the Act, the main text of the decision and evidence shall be entered in the written hearing decision in addition to the matters prescribed in Article 70-2, paragraph (1) of the Act; provided, however, that it shall be possible not to enter the evidence in the written hearing decision in the case of rendering a hearing decision pursuant to the provisions of Article 66, paragraph (1) of the Act.
(2) A transcript of the written hearing decision shall be served on the respondent or his/her agent.
(Ruling of Correction)
Article 81 (1) When a written hearing decision contains any clerical error or any other obvious error, the Commission may render a ruling of correction on its own authority or upon motion.
(2) An objection against a ruling of correction may be filed with the Commission by means of a document within two weeks of receiving service of the transcript of the written ruling.
(3) When the Commission dismisses the objection set forth in the preceding paragraph, it shall notify the movant thereof.
(Hearing Procedures After a Judgment to Remand Becomes Final and Binding)
Article 82 (1) When a case is remanded under Article 81, paragraph (3) of the Act, the Commission shall promptly specify a hearing date.
(2) The Commission may, if it deems appropriate, have a trial examiner carry out the hearing procedures after the remand, in the case referred to in the preceding paragraph.
Form No. 1 (The paper size shall be the A4 size under the Japanese Industrial Standards.)
Form No. 2 (The paper size shall be the A4 size under the Japanese Industrial Standards.)