§5.1.1.1 The before-during-after approach

(91) An approach frequently used when estimating initial overcharges is to compare prices over time on the same market, i.e. before-during-after comparison (illustrated in Box 5 below) (82). When applying this approach to estimate passing-on, the comparator market is the exact same product market as the market on which the direct or indirect purchaser was active when the infringement took place, but analysed at different points in time. Hence, the underlying assumption is that the product market in question in the non-infringement period provides a good approximation of the counterfactual, i.e. the situation that would have prevailed on the product market if no infringement had happened during the period of infringement. This assumption may be wrong because, in a practical sense, there is no comparator market irrespective of geography or product to account for an additional element of isolation in relation to the effect stemming from the infringement. Box 5 Illustrated example of a before-during-after approach Price of wireharnesses (92) In the example illustrated in Box 5 above, it is assumed that the illegal price fixing in the copper-industry had a duration of five years from 2005 to 2010. In this period (84) the initial overcharge was passed on to the car manufacturer C. When applying this method the price paid by the car manufacturer during the infringement period is compared to the price paid by the car manufacturer in a period not affected by the infringement and the passing-on, e.g. in 2003 and 2004. An example of a case where a claimant applied this approach is given in Box 8 below.

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