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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

| (192) | In certain industries, the price offered by the direct or indirect purchaser may be subject to regulation, e.g. price regulation by governmental agencies. Price regulation may affect the extent of passing-on. For instance, if the regulated price is set independently of the specific costs of the product subject to an overcharge when setting the price, the passing-on related price effect may be limited or zero. However, as also mentioned in paragraph 48, harm stemming from a violation of EU competition law may also affect non-price factors. Conversely, if the regulator fully takes into account the cost of the product subject to an overcharge when setting the regulated price, the degree of passing-on may be substantial also in regulated markets.

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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.