doc__table__133
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
| (65) | Compensation for harm suffered aims at placing the injured party in the position in which it would have been had the infringement not occurred. In order to be able to assess this position, one needs to compare the observed situation, i.e. the situation in which the infringement took place, with a hypothetical situation, i.e. the situation in which the infringement did not take place. This hypothetical situation is referred to as the ‘counterfactual scenario’.
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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.