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| (189) | In general, buyer power will not prevent passing-on if there is an industry-wide overcharge but it will affect the degree of passing-on. On the one hand, one can think of a scenario where strong buyer power forces the direct purchasers to accept the overcharge and thus limit passing-on. On the other hand, one could also think of a scenario where the strong bargaining power of the indirect purchaser forces direct purchasers to make a zero mark-up and to sell at a price only covering their marginal costs, thus resulting in a passing-on rate of 100 percent in case of an overcharge.

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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.