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| (23) | However, the Damages Directive specifically addresses the difficulties that indirect purchasers face when they seek compensation for the harm resulting from the passing-on of an overcharge (27). Firstly, Article 14(1) of the Damages Directive and Recital 41 of the Damages Directive refer to the fact that it can be a commercial practice to pass on price increases down the supply chain. If such a commercial practice has been identified, national courts may rely on prima facie proof of passing-on. Building upon this reference, Article 14(2) of the Damages Directive stipulates a rebuttable presumption pursuant to which a claimant (i.e. the indirect purchaser) is deemed to have proved that a passing-on from the direct purchaser to the indirect purchaser occurred, provided that the claimant can show that the following conditions are fulfilled: (a) the defendant has committed an infringement of EU competition law (28); (b) the infringement of EU competition law has resulted in an overcharge for the direct purchaser of the defendant; and (c) the indirect purchaser has purchased the goods or services that were the object of the infringement of EU competition law, or has purchased goods or services derived from or containing them.

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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.