The problem of access of antitrust authorities to secrecy of communication

Abstract

The article discusses the issues of legislative definition and interpretation of the concept of “secret communications” by law enforcement.
The authors criticize the broad approach to the interpretation of the concept of “secret communications”.
The necessity of introducing into article 25 of the Federal Law of July 26, 2006 No. 135-ФЗ “On Protection of Competition” amended by which the antimonopoly authority will be granted the right to receive information about connections between subscribers and (or) users of communication services, as well as to supplement the new law with a new law an article governing the procedure for the communication operator to submit such information to the antimonopoly authority.
According to the authors the receipt by the antimonopoly authority of information on compounds should be carried out only on the basis of a judicial decision based on the results of consideration of a motivated application of such an authority.