§5 THE QUANTIFICATION AND ESTIMATION OF PASSING-ON RELATED PRICE EFFECTS

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

(84) When estimating the passing-on related price effect national courts may rely on different types of economic approaches to quantification, particularly the comparator-based approaches, but also the passing-on rate approach (75) or the simulation approach. These approaches, as described in this chapter, build on quantitative data to estimate the passing-on effect. In many cases, the court may find it useful to also assess qualitative evidence, such as internal documents or oral evidence from witnesses, when estimating the passing-on effect. The availability of such qualitative evidence may play an important role when deciding whether any, and if so which, of the techniques can be used by a party to meet the required standard of proof under the applicable law (76).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07