The EU Commission adopts guidelines on passing-on for national courts

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On 1 July 2019, the European Commission (the “Commission”) adopted guidelines designed to provide national courts with guidance in estimating the share of overcharges based on cartel infringements which was passed on to indirect purchasers: the ‘Passing-on Guidelines’ (the “Guidelines”). [1] This followed a consultation process launched in July 2018 during which interested parties were invited to submit their views and comments on the draft Guidelines. Without any major shift from the draft version, [2] the Guidelines provide a framework and further mechanisms that should be borne in mind by any party involved in damages claims in the EU. Although the Guidelines focus on horizontal cartels, which currently make up most of the competition damages claims in Europe, the tools may very well

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Amandine Gueret, Lisa Hamelmann, Mikael Treijner, The EU Commission adopts guidelines on passing-on for national courts, 1 July 2019, e-Competitions July 2019, Art. N° 96884

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