On certain issues of obtaining commercial secrets in the implementation of antimonopoly control in Russia and the EU

Reshetnikova Stefania Borisovna

Information is a unique intangible asset, since it can often have commercial value that is unprecedented in its importance for the entrepreneurial activity of an economic entity. The secret formulas of the company's bestsellers, schemes of unique inventions, databases of the largest customers and reliable counterparties, and even a marketing plan can provide a company with stable profits for a long time, but only if they remain confidential, inaccessible to third parties - competitors (including potential ones) and consumers. Such information in legal science is covered by the concept of "commercial secret", the specific content of which differs in Russian law and the law of the European Union (hereinafter - "EU"), but essentially does not change. This study will consider the issues of obtaining commercial secrets in the implementation of antitrust control in Russia and the EU.

Keywords:commercial secret, European Union, Russia, information, confidentiality.