ntr37-C_2019267EN.01000401-E0037

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

(37) The potential tension between economic and legal causation in the context of passing-on has become apparent in judgments of national courts limiting the use of passing-on as a shield by reference to national law, in particular in the UK (see Competition Appeal Tribunal, judgment of 14 July 2016, [2016] CAT 23 (Sainsbury's Supermarkets Ltd v MasterCard Inc), in particular paragraph 484, and the Court of Appeal, judgment of 4 July 2018, [2018] EWCA 1536 (Civ) (Sainsbury's Supermarkets Ltd v Mastercard Inc), in particular at paragraphs 332 and 340) and in the Netherlands (Hoge Raad (Supreme Court, Netherlands), judgment of 8 July 2016, case 15/00167 (TenneT v ABB), paragraphs 4.4.1-4.4.5).

All articles

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.