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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

| (25) | As a result of (i) the compensatory principle, (ii) the practice of passing-on of overcharges and (iii) the presumptions, mentioned above, it is possible that there are parallel claims from purchasers at different levels in the supply chain. In such situations, national courts should seek to avoid both over-compensation and under-compensation (30). This can be achieved inter alia by taking due account, as far as this is possible, of any actions for damages that are related to the same infringement of EU competition law, judgments resulting from such damages actions and relevant information in the public domain resulting from the public enforcement of EU competition law in the case at hand (31). It is in the interest of the parties to a damages action to make the national court aware of such actions, judgments or information and explain why they are relevant in the case at hand.

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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.