doc__table__120

| (56) | Fourthly, as mentioned in paragraph 51 and in Annex 1, other elements may, under certain circumstances, play a crucial role in the direct purchaser's price formation mechanism, and, hence, for passing-on of the overcharge by the direct purchaser. For instance, one element which might be important in order to quantify passing-on is whether the input affected by the overcharge represents a large or small share of the direct purchaser's variable costs. A direct purchaser may face costs when changing its prices, so-called ‘price adjustment costs’. If the overcharge only represents a small share of the variable costs, the direct purchaser may not find it profitable to pass on such overcharge due to the price adjustment costs. Further, other aspects that may also affect the degree of passing-on are the degree of buyer power or the timing of the pricing decisions undertaken at the various levels of the supply chain, for instance. Some of the factors mentioned in paragraph 51 have also been considered by national courts in cases involving passing-on (61).

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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.