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| (44) | Disclosure of evidence included in the file of a competition authority could potentially be relevant for the quantification of the overcharge but is generally less relevant in the context of passing-on (in particular because the passing-on of overcharges deals with the pricing behaviour of the purchasers on which the file of a competition authority typically does not include any information). Further, the public version of the infringement decision may include more general information that can be relevant, such as information on which products or services were subject to the anti-competitive conduct. As Article 6(10) of the Damages Directive provides, disclosure of evidence from a competition authority is only a measure of last resort.

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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.