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| (28) | Depending on the national legal system, other instruments may be applied, such as collective redress mechanisms, third-party notices or interventions and rules on stays. For example, a direct purchaser may intervene in the damages action of an indirect purchaser against the infringer. In such a case, both the direct purchaser (the intervening party) and the infringer (defendant) may argue that the overcharge was not, or was not entirely, passed on to the indirect purchaser (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.