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In a case before a UK court, economic experts representing each side (the infringer and the claimant) had proposed their own distinct method for estimating passing-on. The judge expressed concerns about the potential complexity of the expert evidence and requested the parties' experts' to reach an agreement on the proposed approach to economic evidence on passing-on before any disclosure was ordered. If the experts failed to reach an agreement on the approach, the judge would hear submissions on the respective approaches, including an explanation of what each expert proposed, the information required and the cost of the exercise, and then decide which method should be applied.

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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.