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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

| (31) | When national courts make use of this power to estimate, they must take into account the rules and principles set out in the Damages Directive and the underlying CJEU jurisprudence. This means that even when courts estimate the harm that is causally linked to an infringement of Article 101 or 102 TFEU, this must be done on the basis of the principle of compensation. In other words, the respective award of damages must nevertheless aim at placing the victim in the position in which it would have been absent the infringement (see paragraph 12 above). To this end, national courts must also use their procedural instruments accordingly. In particular, they must apply the applicable rules on the burden and standard of proof so that the full effectiveness of Article 101 TFEU is not put at risk.

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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.