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| (66) | The purpose of building a counterfactual scenario is to isolate the effect of the infringement from other factors affecting the price of a product or service, which would have affected such a price even if the infringement had not taken place (63). For instance, an increase in demand would typically lead to a price increase even absent a cartel. Direct or indirect purchasers should not be compensated for that effect. Hence, when constructing a counterfactual scenario, it is necessary to control for factors that are not related to the infringement (64).

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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.