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COMMUNICATION FROM THE COMMISSION Guidelines for national courts on how to estimate the share of overcharge which was passed on to the indirect purchaser · European Union

The claimant in this damages action was an indirect purchaser from the members of a car glass cartel. The members of the cartel infringed Article 101 TFEU and were fined by the European Commission in 2008. The claimants' experts carried out an analysis of the price developments before, during and after the cartel period. No regression or correlation analyses were run, rather, the experts aimed at establishing a link between the price of car glass (the cartelised product) and replacement car glass purely by observing the price patterns. The court however considered that this analysis failed to show any sufficiently direct causal link between the pricing of the two products mentioned above. This was particularly because of the data used in the claimants' expert analysis and the fact that it did not take due account of other effects on prices as well as market trends. The court also took into account the market conditions in the case at hand to dismiss the passing-on arguments.

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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.