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| (39) | Further, when it comes to the assessment of passing-on, national courts often face economic expert opinions. Depending on the means available under national law, these opinions may be submitted by party-appointed experts, by an expert that the court itself has appointed for the purpose of assistance, or by both party and court-appointed experts. To the extent possible, the national court may wish to guide any of these economic experts, potentially at an early stage of the proceedings when parties request the disclosure of evidence, and ask more concrete questions in relation to the quantification method to be used and the data needed. Such guidance and questions can be relevant for case management purposes but also for the substantive assessment. In particular, as mentioned above, when national courts estimate passing-on effects they may consider whether an economic expert opinion complies with best practices, e.g. whether it carefully lays out the relevant assumptions and the sensitivity of predictions to changes to these assumptions. In the same vein and again subject to national law, national courts may ask economic experts to address alternative explanations for their findings, ensure replicability and let the parties comment.

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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.