doc__table__99

| (35) | In practice, national courts will often have to rely on assumptions, e.g. in relation to hypothetical prices, sales volumes or profit. They may have broad discretion as to both the figures and the statistical data to be chosen and, above all, as to the way in which they are to be used for the calculation and the assessment of damages (40). Moreover, assumptions are typically important when building a counterfactual for the purpose of quantifying passing-on and volume effects, as described in section 4 below. Due to this importance, it may be advisable to ask that in any type of submission to the court the assumptions are carefully laid out and the sensitivity of predictions to changes to the assumptions are made explicit, as the Directorate-General for Competition of the Commission requires in its ‘Best practices for the submission of economic evidence and data collection in cases concerning the application of Article 101 and 102 TFEU and in merger cases’ (‘Best Practices’) (41).

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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.