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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
| (18) | Firstly, an infringer may invoke the passing-on of overcharges in its defence against damages claims, i.e. arguing that the direct or indirect purchaser has passed on the overcharge, entirely or in part, to its own purchasers (24). This situation, in which passing-on can be described as a shield, is illustrated in Box 2 below by reference to a direct purchaser's claim. It has to be noted that the passing-on defence may also be invoked against claims of indirect purchasers further down the supply chain.
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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.