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COMMUNICATION FROM THE COMMISSION Guidelines for national courts on how to estimate the share of overcharge which was passed on to the indirect purchaser · European Union

| (58) | As mentioned above, any victim of an infringement of EU competition law has the right to seek full compensation for the harm suffered causally linked to the infringement. When passing-on is invoked, an assessment of the volume effect may become important to quantify the overcharge harm in a damages action. In such a case, however, it should be noted that an estimation of the total harm by simply subtracting the passing-on related price effect from the overcharge effect would lead to an underestimation of the harm suffered by the direct or indirect customer if the volume effect is not taken into account.

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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.