Antitrust Laws To The Implementation Of Trade Secret Protection System

Antitrust enforcement, which is different from the form of private rights private rights invasion, violate trade secrets though job behavior. Therefore, it has its uniqueness to protect trade secrets from the point of view of regulating public power. There are internal conflicts between trade secrets and the implementation of the antitrust laws.That is to say, trade secrets restrict the implementation of anti-monopoly law, while the permission of the anti-monopoly law enforcement, the convenience of law enforcement powers, invisibility, and the wildness of the well-known information and diversity of the people will promote the leak of trade secrets.Although there are conflicts between the protection of trade secrets and the implement of antitrust laws, there are also relevances. This correlation reflects in that the fundamental value of both sides are based on that safeguard the competition order and personal interests, the balance of public power and private rights; on account of non-exclusive, secret features, trade secrets are more easily infringed by public rights. During the implement of antitrust laws, the protection of trade secrets has been mature in foreign countries. From the investigation stage of the antitrust law to the review stage, on the one hand foreign antitrust laws strictly regulate the exercise of enforcement powers, on the other hand it gives the party trade the right to have secrets defenses, and also provides for the violation of trade secrets liability and rights of remedies. The anti-monopoly law in our country has flaws on trade secret protection in legislation and law enforcement, besides with legal responsibility. To improve the implementation of trade secret protection system, we should set about from the following aspects:to establish a unified antitrust enforcement agencies, as well as the reasonable setting of law enforcement right to prevent the abuse of power and the shirk of the responsibility; established the rules of trade secrets right of defense during the antitrust laws implementation, given the parties the right to defense, as well as the exercise of rights exception; it clarifies that anti-monopoly law enforcement requests for information on the scope of the degree and range of secret information and improves the legal responsibility mechanism of accountability and the right to relief.