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| (89) | These factors are crucial to have in mind when considering whether a given comparator market is suitable as the counterfactual scenario. As further explained in section 5.1.1, various techniques are available to account for differences between the market affected by the infringement and the comparator markets. Whether the level of similarity between the market on which the infringement took place and the comparator markets is considered to be sufficient in order for the results of such comparison to be used to estimate passing-on depends on the national legal systems (80).

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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.