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| (75) | When deciding which type of data and information is relevant in a specific case, it may be helpful for the judge to take into account the general insights from economic theory explained in section 3. These insights may also be relevant if the judge needs to assess conflicting views of economic experts (67). Furthermore, the type of data needed for estimating the passing-on will usually require good knowledge of the industry in question and the prevailing market characteristics in the case at hand. Therefore, it may be useful to initially consider documents which indicate the plausibility of passing-on in the first place, such as existing court decisions, parallel civil proceedings at the same or a different level of the supply chain in the same market, market studies or decisions from competition authorities describing the relevant market dynamics (68).

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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.