ＴＰＰ条約の全文が、ニュージーランド政府のウェブサイトで公開されました。
そんなにあわてて読まなくてもいいのですが、やはりニュースに乗りたいという衝動で読み始めております。
ＴＰＰ条約大筋合意後、国内実施法案について、当ブログでも早め早めに書いています。このなかで、独占禁止法の改正法案に関しては、ＴＰＰ政府対策本部の情報集めの中で、当該部分がなかったので、投稿を保留しておりました。
ニュージーランド政府の英語原文を見ると、第１６章「競争政策」第２項「独占禁止法」に入っているようです。
これを読むと、公正取引委員会が独占禁止法にもとづく調査を始めても、調査対象者に「暗示」（警告？）をすれば、制裁（課徴金）をしないことになるように読めます。
この第１６章第２項の外圧を「世界で一番企業が活躍しやすい日本」をめざす安倍自民党が利用して企業サイドに前のめりの
「独禁法改正案」を平成２８年２０１６年通常国会に提出するのではないか、大いに警戒したいところです。
ニュージーランド英語版当該部分のＴＰＰ条約の第１６章第２項は次の通り。
[ニュージーランド政府のウェブサイトから引用はじめ]
Article 16.2: Procedural Fairness in Competition Law Enforcement3
1. Each Party shall ensure that before it imposes a sanction or remedy against a person
for violating its national competition laws, it affords that person:
(a) information about the national competition authority’s competition concerns;
(b) a reasonable opportunity to be represented by counsel; and
1 This Article is subject to Annex 16-A (Application of Article 16.2, Article 16.3 and Article 16.4 to Brunei
Darussalam).
2 For greater certainty, nothing in paragraph 2 shall be construed to preclude a Party from applying its
competition laws to commercial activities outside its borders that have anticompetitive effects within its
jurisdiction.
3 This Article is subject to Annex 16-A (Application of Article 16.2, Article 16.3 and Article 16.4 to Brunei
Darussalam).
Subject to Legal Review in English, Spanish and French for Accuracy, Clarity and
Consistency
Subject to Authentication of English, Spanish and French Versions
16-2
(c) a reasonable opportunity to be heard and present evidence in its defence,
except that a Party may provide for the person to be heard and present
evidence within a reasonable time after it imposes an interim sanction or
remedy.
In particular, each Party shall afford that person a reasonable opportunity to present evidence
or testimony in its defence, including: if applicable, to offer the analysis of a properly
qualified expert, to cross-examine any testifying witness; and to review and rebut the
evidence introduced in the enforcement proceeding4
.
2. Each Party shall adopt or maintain written procedures pursuant to which its national
competition law investigations are conducted. If these investigations are not subject to
definitive deadlines, each Party’s national competition authorities shall endeavour to conduct
their investigations within a reasonable time frame.
3. Each Party shall adopt or maintain rules of procedure and evidence that apply to
enforcement proceedings concerning alleged violations of its national competition laws and
the determination of sanctions and remedies thereunder. These rules shall include procedures
for introducing evidence, including expert evidence if applicable, and shall apply equally to
all parties to a proceeding.
4. Each Party shall provide a person that is subject to the imposition of a sanction or
remedy for violation of its national competition laws with the opportunity to seek review of
the sanction or remedy, including review of alleged substantive or procedural errors, in a
court or other independent tribunal established under that Party’s laws.
5. Each Party shall authorise its national competition authorities to resolve alleged
violations voluntarily by consent of the authority and the person subject to the enforcement
action. A Party may provide for such voluntary resolution to be subject to judicial or
independent tribunal approval or a public comment period before becoming final.
6. If a Party’s national competition authority issues a public notice that reveals the
existence of a pending or ongoing investigation, that authority shall avoid implying in that
notice that the person referred to in that notice has engaged in the alleged conduct or violated
the Party’s national competition laws.
7. If a Party’s national competition authority alleges a violation of its national
4 For the purposes of this Article, “enforcement proceedings” means judicial or administrative proceedings
following an investigation into the alleged violation of the competition laws.
Subject to Legal Review in English, Spanish and French for Accuracy, Clarity and
Consistency
Subject to Authentication of English, Spanish and French Versions
16-3
competition laws, that authority shall be responsible for establishing the legal and factual
basis for the alleged violation in an enforcement proceeding.5
8. Each Party shall provide for the protection of business confidential information, and
other information treated as confidential under its law, obtained by its national competition
authorities during the investigative process. If a Party’s national competition authority uses
or intends to use that information in an enforcement proceeding, the Party shall, if it is
permissible under its law and as appropriate, provide a procedure to allow the person under
investigation timely access to information that is necessary to prepare an adequate defence to
the national competition authority’s allegations.
9. Each Party shall ensure that its national competition authorities afford a person under
investigation for possible violation of the national competition laws of that Party reasonable
opportunity to consult with those competition authorities with respect to significant legal,
factual or procedural issues that arise during the investigation
[引用おわり]
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