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| (131) | However, it is crucial to be aware that estimates based on other sources bear the risk of not taking into account factors relevant for the passing-on rate in the case at hand. In particular, it may be important to consider the methodology underlying the estimate found in other sources and the sensitivity of any result to potential differences between such an estimate and the passing-on rate. To do this, the court may take into account the relevant insights from economic theory, as explained in section 2.3 above and in Annex 1, such as the degree of competition. If there is only limited information, e.g. on the different market conditions or how the passing-on rate was determined, the passing-on rate approach may not be suitable.

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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.