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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

| (139) | The comparator-based approach for the purpose of estimating the volume effect requires information on (i) the observed quantity sold by the firm affected by the overcharge, (ii) the counterfactual volume sold and (iii) the price-cost margin that would have been achieved by the purchaser in the absence of the infringement. However, it is important to note that the observed price-cost margin is not the relevant margin required to estimate the volume effect. For instance, if the purchaser passes on half of the overcharge, this will reduce its margin, implying that the observed margin will be smaller than in the counterfactual. In this case, using the observed margin would understate the size of the volume effect.

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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.