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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
| (22) | The Damages Directive also includes rules applicable in the second scenario, i.e. when an indirect purchaser claims that it suffered harm due to the passing-on of overcharges. In this scenario, the burden of proving the existence and scope of such passing-on rests with the indirect purchaser seeking damages from the infringer.
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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.