The EU Commission publishes draft guidelines intended to give national courts guidance in determining the extent to which overcharges based on infringements of Art. 101 and 102 of the TFEU have been passed on to indirect customers, including final consumers

Following the European Directive 2014/104/EU on damages actions for breaches of EU antitrust law (“Damages Directive”), which strengthens the right to compensation for indirect customers of the cartelists, the European Commission (“Commission”) published draft guidelines intended to give national courts guidance in determining the extent to which overcharges based on infringements of Art. 101 and 102 of the Treaty on the Functioning of the European Union (“TFEU”) have been passed on to indirect customers, including final consumers. The draft, which was published in July 2018, aims to harmonize national decision-making practice, and is open for comments until the beginning of October. As a reference source for good practices based on Art. 16 of the Damages Directive, the draft guidelines are

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Lisa Hamelmann, Mikael Treijner, The EU Commission publishes draft guidelines intended to give national courts guidance in determining the extent to which overcharges based on infringements of Art. 101 and 102 of the TFEU have been passed on to indirect customers, including final consumers, 31 July 2018, e-Competitions July 2018, Art. N° 96482

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