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| (15) | Full compensation covers compensation for actual loss (damnum emergens) and for loss of profit (lucrum cessans), plus the payment of interest (15). Generally, actual loss refers to a reduction in a person's assets and loss of profit refers to an increase in those assets which would have occurred if the harmful act had not taken place (16). In the context of passing-on, the distinction plays a particular role with regard to the characteristic economic effects and their legal classification. The general rule is set out below. — The price effect relates to the overcharge as an increase in the price that a direct or an indirect purchaser had to pay for a product or services due to the infringement of EU competition law (17). It includes umbrella pricing (18). The price effect may be reflected in a direct or indirect purchaser's claim for compensation of actual loss. It is the part of the harm which is referred to as overcharge harm in the Damages Directive (19). However, the direct or indirect purchaser may be able to pass on the overcharge further down the supply chain, either partially or fully. Thus, when national courts estimate the partial or full passing-on of an overcharge in a damages action, they will need to identify the overcharge harm which remains at a given level of the supply chain. Depending on the legal system, the national court may consider such passing-on as a reduction of the actual loss or by reference to other rules or principles, such as compensatio lucri cum damno (20). — The volume effect can be described, more generally, as the harm that is caused by the fact that fewer of the products or services are purchased as a result of the overcharge (21). However, the focus of these guidelines is on the volume effect understood as the profit loss due to reduced sales resulting from passing-on. As mentioned in the Damages Directive, it can be recoverable as loss of profit (22).
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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.