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| (37) | The type of evidence necessary to show and quantify passing-on will depend on which of the economic methods, described in sections 5 and 6 below, is used. Evidence may be categorised in different ways but it is typically divided into qualitative and quantitative evidence. The Damages Directive itself makes clear that ‘evidence’ means all types of means of proof admissible before the national court (43). This could include the following: — qualitative evidence to understand a firm's business behaviour or pricing strategies comprising e.g. (i) contracts, (ii) internal documents, (iii) financial and accounting reports, (iv) witness statements, (v) expert opinions as well as (vi) industry reports and market studies; or — quantitative evidence relating particularly to data for the use of econometric techniques (44), such as (i) sales prices, retail and end consumer prices of the product or service in question, and of comparable products or services, (ii) financial reports, (iii) expert opinions (iv) prices set by regulation, (v) volume sales, (vi) rebates as well as (vii) other input costs and cost elements. As can be drawn from the non-exhaustive lists immediately above, certain types of evidence may qualify as both qualitative and quantitative evidence, e.g. financial reports and expert opinions.

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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.