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Commercial law. Legal regulation of the activities of natural monopolies (lecture notes)

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LECTURE No. 40. Legal regulation of the activities of natural monopolies

Natural monopoly is a state of the commodity market, in which the satisfaction of demand in this market is more efficient in the absence of competition due to the technological features of production (due to a significant decrease in production costs per unit of goods as the volume of production increases), and the goods produced by subjects of natural monopoly do not can be replaced in consumption by other goods, in connection with which the demand in this commodity market for goods produced by subjects of natural monopolies depends to a lesser extent on changes in the price of goods than demand for other types of goods (Article 3 of the Federal Law of August 17 1995 No. 147-FZ "On natural monopolies").

Natural monopolies are characterized by the following features:

1) satisfaction of demand is effective in the absence of competition due to the technological features of production;

2) goods produced by subjects of natural monopoly cannot be replaced in consumption by other goods.

In the Russian Federation, a natural monopoly has been established in the following areas:

1) transportation of oil and oil products through main pipelines;

2) transportation of gas through pipelines;

3) services for the transmission of electrical and thermal energy;

4) rail transportation;

5) services of transport terminals, ports, airports;

6) services of public electric and postal communication.

Methods of regulation of natural monopolies:

1) price;

2) non-price.

The price method of regulation of natural monopolies is the setting of prices or marginal tariffs for the products of the above companies. The non-price method of regulation of natural monopolies consists in determining consumers subject to mandatory service. The regulatory body is the Federal Tariff Service.

The position of an economic entity of a natural monopoly in a commodity market that is in a state of natural monopoly is recognized as dominant.

The main normative act regulating the legal regime of natural monopolies in the Russian Federation is the Federal Law "On Natural Monopolies".

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