§6.3.2 Challenges

(151) When employing the elasticity approach the court may estimate the relevant elasticity parameters. One way to do this is to develop a demand model and use econometrics. However, as mentioned above, such an approach is demanding in terms of data requirements and assumptions. If data is not available and other sources are used, e.g. market studies or information from previous cases, it is important to note that such sources may not be appropriate if the market in the case at hand is different from the market described in the studies in terms of market structure. Under such circumstances, the elasticity approach might not provide an accurate estimate of the volume effect. (152) As mentioned in the introduction of this section on quantification, the three potential components of the harm in a damages case derive from the initial overcharge, the passing-on related price effect and the volume effect (112). The court may choose to estimate the three components sequentially, where quantification of the overcharge would constitute the first step, estimation of the passing-on related price effect the second step and the estimation of the passing-on related volume effect the third step.

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