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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

| (156) | When estimating the passing-on effects, national courts may use pieces of direct evidence relevant for the case. For instance, internal documents or other documents of a qualitative nature produced by the direct or indirect purchaser regarding the relationship between the overcharge and changes in its own prices. If this type of evidence is available, the court may find it sufficient to estimate the passing-on related effects (price and volume effects) by taking into consideration qualitative evidence or making adjustments to the quantitative data without the use of a regression analysis. Hence, the availability of qualitative evidence may play an important role when a court decides whether any or which of the quantitative techniques set out in the sections above can be used by a party to meet the required standard of proof under the applicable law (115).

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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.