Proof in Disputes Arising From Antimonopoly Control in the Electricity and Capacity Market

This master thesis is devoted to the specifics of proof in disputes related to antimonopoly control in the electricity and capacity market. Antitrust disputes are one of the most complex categories of cases in judicial practice. Statistics of courts of arbitration of the subjects over the past 10 years indicates an increase in the number of applications challenging non-normative legal acts of the antimonopoly authority and decisions on bringing to administrative liability, while the percentage of satisfied claims remains insignificant. Resolving disputes, related to antimonopoly control on the electricity and capacity market, the courts have to seek the balance between the interests of consumers, electric power industry entities and the state. For this reason, judicial protection of the rights of market participants, especially consumers, is particularly important. At the same time, the result of challenging acts and decisions of the antimonopoly authority depends on evidentiary activities of the parties. The Institute of Evidence is an interdisciplinary institution typical for all procedural branches of law. The content of procedural legislation, as well as the specifics of antimonopoly and sectoral regulation, predetermine the essential specifics of proof in the studied category of cases. Considering insufficient attention to the procedural features of antitrust disputes in science, master thesis about the problems of proof in disputes related to antimonopoly control in the electricity and power market seems relevant.