ntr39-C_2019267EN.01000401-E0039

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

(39) E.g., in the UK national courts may quantify harm ‘by the exercise of a sound imagination and the practice of the broad axe’ (established in Watson Laidlaw & Co Ltd v Pott Cassels & Williamson [1914] S.C. (H.L.) 18 at paragraphs 29-30 and later applied also in the context of damages actions for competition law infringements, see e.g. Court of Appeal, judgment of 14 October 2008, [2008] EWCA Civ 1086 (Devenish Nutrition Ltd v Sanofi-Aventis SA) at paragraph 110), in the Netherlands the national court awarding damages may quantify the amount of the harm to the extent that this is possible (see Article 612 Wetboek van Burgerlijke Rechtsvordering) and estimate it in the manner that is the best fit for the characteristics of the harm (see Article 6:97 Burgerlijk Wetboek).

All articles

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