Competition and Antitrust

Cartels and Damages: Guidelines on the Passing-on of Overcharges Published by the European Commission

Author: Marco Hickey

Guidelines for national courts on how to estimate the share of overcharge passed on to the indirect purchaser, known as the Passing-on Guidelines, have been published by the European Commission.
The Guidelines are intended to offer practical guidance on how to estimate the passing-on of overcharges under EU Directive 2014/104 (Damages Directive).

The damages Directive was introduced in 2014 to make it easier for victims of competition infringements to claim compensation before national courts in EU Member States. The Damages Directive was implemented into Irish law through the European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017.

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