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As explained in Box 9 above, this case concerns the sales of pesticides in Denmark. The court concluded that half of the initial overcharge was passed on by the direct purchaser. Based on the assessment of a court-appointed expert, the volume effect was estimated, as well. The expert estimated the volume effect as the counterfactual margin multiplied by the number of sales that had not been made due to the passing-on. In order to estimate the number of sales that had not been made during the infringement period, the expert used an amended version of the elasticity approach which is further explained in section 6.3 below. Since quantitative data on prices and volume was not available, the expert derived a measure of elasticity by averaging the elasticities found in 23 market studies for pesticides. Further, the expert estimated the counterfactual margin by adjusting the realised margin during the infringement period. Based on this, the court concluded that damages resulting from the volume effect were equal to 20 percent of the overcharge amount.

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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.