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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

| (191) | Further, if the direct purchaser facing an overcharge is vertically integrated into a downstream retail market, i.e. also active on the market where the indirect purchasers operate, this may affect the direct purchaser's incentive to pass on the initial overcharge. Moreover, in such a scenario, the direct purchaser facing an overcharge may have an incentive to pass on the entire overcharge within its integrated firm. However, the passing-on rate to non-integrated indirect purchasers would generally differ from this, e.g. depending on the level of costs or profit margins of the different indirect purchasers.

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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.