doc__table__100 — COMMUNICATION FROM THE COMMISSION Guidelines for national courts on how to…

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COMMUNICATION FROM THE COMMISSION Guidelines for national courts on how to estimate the share of overcharge which was passed on to the indirect purchaser · European Union

| (36) | The legal assessment of passing-on typically requires a complex factual and economic analysis. While the taking of necessary evidence generally forms an important element in every action for damages resulting from infringements of Article 101 or 102 TFEU, the role of evidence on passing-on varies depending on the two scenarios mentioned above and the extent to which a presumption applies (42). In any case, the facts that are actually relevant and available may determine the taking of evidence and ultimately the assessment of passing-on.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.