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Laws on Fair Trade, Finance, and Product Liability

標準~38 min5 terms5 past questions

Goals of this unit

  • Tell the Antimonopoly Act apart from the Act on Fair Subcontracting for Small and Medium Enterprises by what each protects: competition across the whole market, or the party that takes on work in a commissioned transaction.
  • Distinguish the Payment Services Act, which covers means of payment and money transfer, from the Financial Instruments and Exchange Act, which covers trading in securities.
  • Explain when manufacturers and similar parties owe compensation under the Product Liability (PL) Act, in terms of the defect, the harm, and the causal link between them.
Terms at a glance (5)
TermIn one lineWho it protectsCore rules
独占禁止法Law banning conduct that obstructs fair and free competitionMarket competition itselfBans on private monopolization, cartels and similar conduct
中小受託取引適正化法Law preventing unfair burdens being forced on the contractor in commissioned transactionsSmall and medium-sized contractorsDuties such as setting a payment date and stating trade terms
資金決済法Law governing payment and money-transfer services offered by non-banksUsers of payment servicesRegistration of providers and safeguarding of users' funds
金融商品取引法Law keeping securities trading fair and protecting investorsInvestorsDisclosure and the ban on insider trading
PL法Law setting liability for harm caused by defective productsPeople harmed by defective products (mainly consumers)Liability of manufacturers and similar parties regardless of negligence

Terms

独占禁止法Antimonopoly Act

Open in glossary 独占禁止法

The Antimonopoly Act (独占禁止法) is the law that bans conduct obstructing fair and free competition among businesses, protecting competition in the market.

  • Main conduct banned by the Antimonopoly Act
    • Private monopolization: excluding or controlling other businesses' activities
    • Unreasonable restraint of trade: agreeing to bind each other's business activities
      • Cartel (agreeing on prices and the like)
      • Bid rigging (deciding the winner in advance)
    • Unfair trade practices
      • Abuse of a superior bargaining position
      • Resale price maintenance

The main banned conduct includes private monopolization, which restricts competition by excluding or controlling other businesses' activities; unreasonable restraint of trade, which covers price agreements (cartels) and bid rigging, where the winner is chosen before bidding; and unfair trade practices such as abuse of a superior bargaining position, where a stronger party forces disadvantages on its trading partner. The law is enforced by the Japan Fair Trade Commission, which exercises its authority independently of other government bodies and can issue cease-and-desist orders or surcharge payment orders to violators.

AnalogyIt is like a referee who stops players from fixing the match or taking over the whole venue, so that the contest itself can happen.

How to rememberIts short name in Japanese is Dokkinhō. The full title, the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade, names what it bans in the first half and what it protects in the second.

Exam points

  • Mix-upPrivate monopolization (私的独占) restricts competition by excluding or controlling other businesses' activities, and it can be committed alone or together with others. Unreasonable restraint of trade (不当な取引制限) is businesses agreeing to bind each other's activities, so the two are told apart by the form the conduct takes.

中小受託取引適正化法Act on Fair Subcontracting for Small and Medium Enterprises

Open in glossary 中小受託取引適正化法

The Act on Fair Subcontracting for Small and Medium Enterprises (中小受託取引適正化法) is the law that stops businesses commissioning work from using their stronger position to force disadvantages on the small and medium-sized contractors that take the work on.

  1. Order: state the trade terms
  2. Receive the deliverable (receipt date)
  3. Pay within 60 days of receipt

Payment is made within 60 days of that starting point, whether or not inspection of what was received has finished.

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An amendment in force from January 2026 renamed the law formerly known as the Subcontract Act, and the terms changed too: the parent business became the commissioning business, and the subcontractor became the small or medium-sized contractor. The commissioning business must state trade terms and set a payment date, and it may not delay payment, cut the price unfairly, or refuse to accept delivery. Whether the law applies depends on the kind of transaction and on the size of both parties, measured by stated capital and similar criteria.

AnalogyIn a deal between a large prime contractor and a small workshop, it is an arrangement that puts promises only on the stronger side, to make up for the gap in power.

How to rememberIts short name in Japanese is Toritekihō. Read the word for contractor (jutaku, the side that receives the work) in its name as the protected party, and you will not lose track of whom the law is for.

Exam points

  • ExamIn transactions the law covers, the commissioning business (委託事業者) must pay within 60 days of the day it receives the deliverable, and it cannot postpone payment because inspection is unfinished. The deadline was the same under the former Subcontract Act (下請法).
  • Mix-upThe Act on Fair Subcontracting for Small and Medium Enterprises (中小受託取引適正化法) takes the abuse of a superior bargaining position (優越的地位の濫用) banned by the Antimonopoly Act (独占禁止法), narrows it to commissioned transactions, and spells it out as concrete duties and banned acts. The Japan Fair Trade Commission (公正取引委員会) is involved in enforcing both.

1 past questions on this term 中小受託取引適正化法

Antimonopoly Act vs. Act on Fair Subcontracting for Small and Medium Enterprises

AspectAntimonopoly ActAct on Fair Subcontracting for Small and Medium Enterprises
Key differenceWhat it protectsFair and free competition across the whole marketSmall and medium-sized contractors taking on work in commissioned transactions
How it regulatesDefines types of banned conduct and judges each act case by caseSpells out concrete duties and banned acts for the commissioning business
Enforcing bodiesJapan Fair Trade CommissionJapan Fair Trade Commission, the Small and Medium Enterprise Agency and others

資金決済法Payment Services Act

Open in glossary 資金決済法

The Payment Services Act (資金決済法) is the law that sets up provider registration and user protection for payment and money-transfer services offered by businesses other than banks.

  • Main scope of the Payment Services Act
    • Prepaid payment instruments: paying later with value bought in advance
    • Funds transfer business: non-banks handling money transfers
    • Crypto-asset exchange business: buying, selling and exchanging crypto-assets (moving to the Financial Instruments and Exchange Act under a 2026 amendment)

It covers prepaid payment instruments, where value bought in advance is used for later payments; the funds transfer business, where non-bank businesses handle money transfers; and the crypto-asset exchange business, which handles buying, selling and exchanging crypto-assets (under an amendment enacted in July 2026, the regulation of crypto-asset trading is moving to the Financial Instruments and Exchange Act). Issuers of prepaid payment instruments must protect users' funds even if the issuer fails, for example by depositing part of the unused balance with an official depository.

AnalogyThese are rules that watch over the containers of value used in place of cash, and the channels that carry money, so the money does not vanish or get run off with along the way.

How to rememberKessai in its Japanese name means settling a payment. Reading the name as the law on ways to pay and send money makes its scope easy to grasp.

Exam points

  • ExamA prepaid payment instrument (前払式支払手段) is a means by which a user pays in advance for value and later applies it to purchases. Gift certificates and prepaid cards are typical, though those usable for no more than six months from issue, among others, fall outside the regulation.

1 past questions on this term 資金決済法

金融商品取引法Financial Instruments and Exchange Act

Open in glossary 金融商品取引法

The Financial Instruments and Exchange Act (金融商品取引法) is the law that keeps trading in securities such as stocks and bonds fair and protects investors.

Listed companies and others must disclose their financial and business condition in an annual securities report, so that investors can decide on the basis of the same information. Insider trading, where someone in a position to know a company's important unpublished information buys or sells its shares before that information is made public, is banned. The internal control reporting system, under which management of a listed company evaluates and reports on internal control over financial reporting and has it audited, is also based on this law.

AnalogyThink of an auction where everyone reads the same catalogue before bidding, with someone watching so that a person who has peeked behind the scenes cannot get in first.

How to rememberIts short name in Japanese is Kinshōhō. Because its internal control reporting system was modeled on the US SOX Act, the system is also called J-SOX, the Japanese version of SOX.

Exam points

  • Mix-upThe Payment Services Act (資金決済法) deals with means of payment and money transfer, while the Financial Instruments and Exchange Act (金融商品取引法) deals with investment in securities (有価証券) whose prices move. The first centers on safeguarding users' funds, the second on disclosure that supports investment decisions.

Payment Services Act vs. Financial Instruments and Exchange Act

AspectPayment Services ActFinancial Instruments and Exchange Act
Key differenceWhat it coversMeans of payment and money transfer (prepaid payment instruments, remittance and more)Securities such as stocks and bonds
Main rulesProvider registration, safeguarding of users' fundsDisclosure, ban on insider trading
Who it protectsUsers of payment servicesInvestors

PL法Product Liability (PL) Act

Open in glossary PL法

The Product Liability (PL) Act (PL法, 製造物責任法) provides that when a defect in a product causes harm to a person's life, body or property, the manufacturer or similar party must pay compensation whether or not it was negligent.

  1. The product has a defect
  2. Harm to life, body or property
  3. The victim shows the defect caused the damage
  4. The manufacturer or similar party is liable

Once that link is accepted, the manufacturer or similar party must compensate for the damage.

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A covered product is movable property that has been manufactured or processed, meaning a tangible thing other than land or buildings, so real estate and software on its own, which is intangible information, are excluded. A defect means the product lacks the safety it should normally have, and this includes not only design or manufacturing errors but also inadequate warnings or explanations about hazards. The manufacturers and similar parties who bear liability include, besides those who made or processed the product, importers and anyone who put their name on it as the manufacturer.

AnalogyIt is a shield for victims: someone hurt by a defective product can seek compensation by showing the product itself was dangerous, without having to pin down the maker's carelessness.

How to rememberPL stands for Product Liability. Remember that liability is marked by a flaw in the thing, not a fault in the person.

Exam points

  • ExamLiability arises once it is proven that the damage came from a defect (欠陥) in the product, and the victim does not need to prove the manufacturer was negligent (no-fault liability, 無過失責任).
  • ExamThe aim of the Product Liability (PL) Act (PL法) is to protect people harmed by defective products, and those it mainly protects are the consumers (消費者) who use the products.
  • ExamA product that poses an unexpected danger even when used normally as labeled lacks the safety it should normally have, and if that danger causes harm, the manufacturer or similar party (製造業者等) is liable.

3 past questions on this term PL法

Key points

  • The Antimonopoly Act bans private monopolization, unreasonable restraint of trade, unfair trade practices and similar conduct, and the Japan Fair Trade Commission enforces it.
  • The Act on Fair Subcontracting for Small and Medium Enterprises (formerly the Subcontract Act) requires the commissioning business to state trade terms and to pay within 60 days of receipt, among other duties.
  • Under the Payment Services Act, a prepaid payment instrument is a means of using value bought with an advance payment for later payments.
  • The Financial Instruments and Exchange Act protects investors through disclosure in annual securities reports and the ban on insider trading, and it is also the basis of the internal control reporting system.
  • Under the Product Liability (PL) Act, a victim who shows that damage came from a product defect can claim compensation without proving negligence by the manufacturer or similar party.

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