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| (50) | Further, the relative importance of each factor might vary from case to case. Thus, it may be relevant for the judge to understand which factors are likely to affect the degree of passing-on in a particular case. For this, depending on national law, the judge may refer to explanations from the parties' economic experts or its own court-appointed economic expert. Moreover, in practice, a firm may not always take pricing decisions that are entirely consistent with the predictions on the basis of economic theory. It is therefore important to also assess the insights from economic theory in the light of the factual evidence available in the case at hand. Such evidence may be of both qualitative and quantitative nature, such as internal documents describing the degree of passing-on and the quantitative methods explained in section 4 below.

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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.