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| (143) | Using the relevant data from the purchaser, the court may consider the comparator-based techniques described above to estimate the counterfactual margin and the counterfactual quantity. Since the observed profit margin and quantity may be affected by other factors unrelated to the infringement, it will in many cases be necessary to control for such additional factors. Hence, it would normally be necessary to employ one of the approaches described above in order to control for factors unrelated to the infringement, for instance a regression analysis.

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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.