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doc__table__146

| (78) | The court may also take into account more industry or firm-specific factors influencing the price formation. For instance, in the example in Box 1 above, if plastic had also been an essential input for the production of wire harness during the infringement period when copper manufacturer A had agreed with its competitors to fix prices for copper as the other essential input for the wire harness supplier B, it is likely that B would have passed on to its customer also an increase in prices for plastic which was not subject to an infringement of EU competition law. In this case, an estimation of passing-on which fails to take into account the effects related to the increase in prices for plastic could materially overestimate the passing-on of the overcharge by wrongly attributing the entire price increase to the infringement. Similar reasoning applies to potential decreases in other input costs which, if not accounted for and passed on down the supply chain, would artificially decrease the estimated passing-on of the cartel overcharge.

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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.