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Guidelines for national courts on how to estimate the share of overcharge which was passed on to the indirect purchaser

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Most recently, the Commission issued guidelines for national courts on how to estimate the share of the overcharge which was passed on to the indirect purchaser. These Passing-on Guidelines are meant to provide practical guidance to national courts and stakeholders by reference to the applicable legal context, the relevant economic theory and quantification methods in the specific passing-on context. The Antitrust Damages Directive helps citizens and companies to get compensation if they are harmed by infringements of EU antitrust rules. This applies not only to direct customers of companies having participated in a cartel, but also to indirect customers and final consumers. These may also suffer harm when direct customers are able to fully or partially pass on a cartel related price increase further down the supply chain. It is for national courts to decide upon the level of such compensation in such cases. However, determining the amount of overcharges passed on to indirect customers can be particularly difficult. This is why Article 16 of the Damages Directive foresees that the Commission issues non-binding guidelines to help national courts estimate the share of the overcharge passed on to indirect purchasers.

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