doc__table__66

| (4) | As explained in paragraphs 17-19 below, these guidelines may be useful when an infringer invokes passing-on in its defence against a damages claim (‘shield’) or when an indirect purchaser claims damages from the infringer alleging passing-on of an overcharge (‘sword’). However, as in any damages action, the degree to which the court has to consider the facts of a case will depend on the way the action is brought by the claimant and the nature of the defence raised by the defendant. For example, in some cases a claimant may not claim for loss of profit as a result of the volume effect because of the additional complexity this may involve (6). However, a claim by an indirect purchaser against an infringer will typically involve consideration of passing-on, since that is essential to the claim.

← doc__table__65 · All articles · doc__table__67 →

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.