§5.1.1.2 The cross-sectional approach

(93) In some cases, it may be challenging to observe price developments over time in the comparator or infringement markets. If this is the case, another comparator-based method could be employed, namely a method which compares different geographical markets. The underlying assumption of this approach is that the other geographical market is similar to the infringement market in all aspects but for the infringement event. Again, this assumption may go too far. (94) For example, as shown in Box 6 below, a national court may consider the comparison of prices paid by the car manufacturer C1 during the infringement period in Member State 1 (p1), with the average price paid by similar car manufacturers in Member State 2, i.e. on a separate geographical market which is unaffected by the infringement (p2). This method is referred to as cross-market comparison (85). Box 6 Illustrated example of a cross-sectional approach If p1 is found to be higher than p2, this finding indicates a passing-on related price effect from wire harnesses supplier B1 to car Manufacturer C1 in Member State 1. The same type of comparison can be undertaken with regard to any other economic variable, e.g. margins or volumes sold.

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