doc__table__85 — COMMUNICATION FROM THE COMMISSION Guidelines for national courts on how to…

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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

| (21) | In the first scenario, i.e. when the passing-on of overcharges is used as a defence against an action based on an infringement of EU competition law, the defendant needs to prove that the claimant has passed on the overcharge (25). This burden of proof relates to the existence and extent of the passing-on of the overcharge. If the passing-on defence is fully or partially successful, Article 12(3) of the Damages Directive requires that, according to national procedural law, taking into account the principle of effectiveness and equivalence, the claimant may still claim compensation for loss of profit (26). In this case, the burden of proving such passing-on related volume effect is on the claimant.

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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.