doc__table__71
Undertaking A is a manufacturer of copper and formed a cartel by agreeing with its competitors to fix sales prices for copper in violation of Article 101 TFEU. The agreement allowed A to charge its customers, including undertaking B, higher prices for copper. The price difference between the price actually paid and the price that would otherwise have prevailed in the absence of the infringement of EU competition law is referred to as the overcharge (9). Undertaking B is a supplier of automotive parts and used the copper it purchased from A to produce wire harnesses which it sold to car manufacturer C. After the cartel-related price increase for copper, B also increased its sales price for the wire harnesses it supplied to C. This behaviour constitutes passing-on of overcharges, in this case from B to C. Based on the definitions in the Damages Directive, A can be referred to as infringer, B as direct purchaser and C as indirect purchaser (10).
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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.