doc__table__98 — COMMUNICATION FROM THE COMMISSION Guidelines for national courts on how to…

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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

| (34) | Furthermore, the power to estimate, as stipulated in Article 12(5) of the Damages Directive and Article 17(1) of the Damages Directive, requires national courts to, firstly, base their assessment on the information reasonably available and, secondly, strive for an approximation of the amount or share of passing-on which is plausible. This follows from the Damages Directive which stresses the existence of information asymmetries and acknowledges that harm can hardly be quantified with perfect accuracy (38). The exercise of estimation is subject to national law. In fact, a number of Member States already had rules in place which correspond to the power to estimate, as foreseen in the Damages Directive (39).

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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.