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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

| (2) | The legal basis for the guidelines is Article 16 of the Damages Directive (1). They are non-binding and do not alter existing rules under EU law or the laws of the Member States. Accordingly, there is no obligation on a national court to follow them. The guidelines are also without prejudice to the jurisprudence of the Court of Justice of the European Union (‘CJEU’). They refer to the harmonised rules set out in the Damages Directive noting that in practice national courts will apply national rules, including those transposing the Damages Directive.

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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.