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| (161) | Contracts between firms at different levels of the supply chain, which set out the conditions at which firms would supply their products or services to purchasers, may concern components considered either as variable or fixed costs. For instance, often some components of the price paid by a purchaser are not dependent on the volume purchased, whereas some other components are. It follows that in a damages action involving any passing-on argument it is important to determine whether the price components affected by the infringement are fixed costs or not from the point of view of the purchaser.

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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.