§5.1.1 Approaches

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

(90) When the comparator-based method is used to estimate the passing-on effect, the price set by the direct or indirect purchaser during the infringement period is compared to the non-infringement, or counterfactual, scenario. The counterfactual scenario can be established on the basis of (81): — price or margin data concerning this market before and/or after the infringement, usually referred to as the before-during-after approach; — data concerning the same (product) market but in a different geographical area, or another product market that is considered to evolve in a similar manner to the market where the direct or indirect purchaser operates, usually referred to as the cross-sectional approach; or — a combination of comparisons over time and comparisons across markets, usually referred to as the difference-in-differences approach.

← 5.1 · All articles · 5.1.1.1 →

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