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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

| (13) | In the context of the passing-on of overcharges, Article 12(1) of the Damages Directive specifies that ‘any person’ includes direct and indirect purchasers. This means, in the example in Box 1 above, the wire harnesses producer B, as direct purchaser, and the car manufacturer C, as indirect purchaser, may also claim compensation from the copper manufacturer A, as the infringer. Other indirect purchasers further down the supply chain are also entitled to obtain damages from the infringer. As mentioned above in paragraph 11, this would be the independent car retailer D and end consumers in the example in Box 1 above.

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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.