Abuse of dominant position when unaccounted for consumption of electrical energy is detected

Abstract

The problem of abuse of use of a dominant position by the subjects of retail electricity markets — grid organizations, guaranteeing suppliers when conducting checks of subscriber metering devices, drawing up acts on unmetered electricity consumption, drawing up invoices for payment of the volume of identified unmetered consumption was studied.

The concept of unaccounted consumption of electric energy is given, frequent violations by professional participants in the wholesale electricity markets are identified when unaccounted consumption of electric energy is detected. The Review of Judicial Practice on Disputes on Payment for Unaccounted Consumption of Water, Heat and Electricity Supplied via the Connected Grid, approved by the Presidium of the Supreme Court of the Russian Federation on December 22, 2021, was analyzed, namely, the possibility of its application by antimonopoly authorities as part of the consideration of cases of abuse of position, an analysis of the practice of applying this review at the present time was carried out. At the end, it was concluded that this review partly determined the necessary changes to the legislation on the electric power industry.