ntr28-C_2019267EN.01000401-E0028
(28) In particular, the indirect purchaser may show that this first condition is fulfilled by reference to the binding effects that a decision of the Commission or a national competition authority has. As regards decisions of the Commission, Article 16(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules of competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1) stipulates that national courts, when they rule on agreements, decisions or practices under Article 101 TFEU which are already the subject of a Commission decision, cannot take decisions running counter to the decision adopted by the Commission. As regards final infringement decisions of national competition authorities, purchasers may benefit from Article 9 Damages Directive. This Article differentiates according to which national competition authority has issued the relevant infringement decision. According to Article 9(1) Damages Directive a final decision of the national competition authority of a Member State is deemed to establish irrefutably an infringement of competition law before the courts of that particular Member State whereas Article 9(2) Damages Directive stipulates that national courts are required to consider a final decision of another Member State's national competition authority at least as prima facie evidence of the existence of an infringement.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.