European
Commission published guidelines on how to estimate overcharge in passing on
cases
The
European Commission has published guidelines for the national courts on
estimation of the share of overcharge as a result of a breach of EU competition
law in passing on cases. The Commission
was obliged to publish such guidelines under Article 16 of Directive 2014/104
(the Damages Directive) and the final guidelines follow consultation on a draft
last year.
The
Damages Directive is based on the principle of full compensation for anyone
harmed by a cartel, regardless of whether they are direct or indirect
purchasers.
The
guidelines set out practical guidance on estimation of the difference between
the price actually paid and the price that would otherwise have prevailed in
the absence of the infringement.
They
also set out the economic principles underlying passing-on and different methodologies
for quantifying the effects (price and
volume related) of passing-on.
No comments:
Post a Comment