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| (108) | When estimating passing-on based on qualitative evidence, internal documents describing a firm's pricing policy may be of particular relevance. When assessing internal documents, the court should be aware of the fact that firms in different industries, or even within the same industry, may adopt different pricing policies. In some cases, a firm may have a clear policy or established practice which identifies the price adjustments that will result from specific changes in cost. For example, in some cases purchasers may link price adjustments to changes in certain indices which may not be affected by the infringers' anti-competitive conduct, e.g. consumer price indices. In other cases, purchasers may seek to achieve certain performance objectives, e.g. apply a specific margin to the pricing of the products they supply. In principle, the former policy may speak against the finding of passing-on whereas the later suggests that the purchaser would pass on cost changes.

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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.