Draft guidelines for national courts on how to estimate the share of cartel overcharges passed on to indirect purchasers and final consumers

Summary:

The European Commission launched on 5 July 2018 a public consultation on draft guidelines to help national courts estimate the share of price increases caused by a cartel that are passed on to indirect purchasers and final consumers.

Further information:

While the Antitrust Damages Directive (Directive 2014/104/EU) provides for the right of any citizen or company to claim full compensation for harm suffered from an infringement of EU competition law, such harm may have been suffered by different persons at different levels of the supply chain. However, the assessment made by national courts on whether and to which extent the harm has been passed on may be challenging.

In order to address these challenges, the final version resulting from the draft guidelines aims to provide non-binding guidance.

European Commission: Press Release, 05.07.18: Commission consults stakeholders on draft guidelines to help national courts estimate the economic harm caused by cartels http://europa.eu/rapid/press-release_IP-18-4369_en.htm

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