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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

| (117) | The possibility that purchasers at different levels of the supply chain may delay the passing-on of an overcharge can also affect the comparison significantly (101). The example in Box 1 above may illustrate this. Suppose the car manufacturer C negotiates prices with the wire harnesses supplier B on an annual basis. The wire harnesses supplier B only adjusts prices once a year after the negotiations with the car manufacturer C have been finalised. If a price fixing cartel in the copper market is established just after the negotiations between the wire harness supplier and the car manufacturer have ended, it is only when the next year's annual negotiations take place that the wire harnesses supplier may have had an opportunity to pass on the copper-price increase in their own price.

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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.