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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

| (122) | However, the passing-on rate approach is not without risks and can even deliver misleading results in some cases. This is because when using this approach to estimate passing-on, the court can neither establish if the overcharge is actually passed on nor can it observe whether changes in the cost of the affected input are reflected in prices in the downstream markets. It is therefore crucial for the court to be aware that the passing-on rate approach relies on the assumption that, during the infringement period, changes in input costs are reflected in prices downstream. If this assumption is incorrect, this approach may produce estimates which are misleading in that they find a passing-on of overcharges where none has actually happened.

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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.