ntr60-C_2019267EN.01000401-E0060

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

(60) For examples of judgments dealing with the importance of market dynamics and how demand reacts to changes in prices, see for instance the German judgments Bundesgerichtshof (Federal Court of Justice, Germany), judgment of 28 June 2011, case KZR 75/10 (ORWI) paragraphs 59 and 69 and Landgericht Düsseldorf (Regional Court, Düsseldorf), judgment of 19 November 2015, case 14d O 4/14 (German Car Glass), paragraph 221. The importance of the degree of competition and whether the initial overcharge is firm-specific or industry-wide is also dealt within a number of judgments from national courts, see for example a Danish judgment, Sø-og Handelsretten (Maritime and Commercial High Court, Denmark) judgment of 3 October 2002, case V 15/01 (UfR2004.2600S) (EKKO v Brandt Group Norden et al), and a Spanish judgment, Tribunal Supremo de España (Supreme Court, Spain), judgment of 7 November 2013, case 5819/2013 (Nestle et al v Ebro Puleva).

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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.