ntr5-C_2019267EN.01000401-E0005
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
(5) These guidelines focus on passing-on of overcharges in the context of infringements of Article 101 TFEU, in particular cartels within the meaning of Article 2(14) Damages Directive and other horizontal restraints. However, they may also be a reference source for good practices in damages actions before national courts for vertical restraints, e.g. resale price maintenance, and infringements of Article 102 TFEU, i.e. an abuse of dominance, such as excessive pricing, provided the specificities of the applicable EU rules are sufficiently taken into account.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.