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UPA Perpustakaan Universitas Jember

The importance of accounting for passing-on when calculating damages that result from infringement of competition law

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Passing-on can have a material impact on the damages suffered by direct
and indirect claimants as a result of anti-competitive, cost-increasing conduct—
notably cartel infringements—as recognised in EU Directive 2014/104. An appraisal
of passing-on and the associated volume effects should, therefore, be a key part of
damages assessment. In this article, we highlight some of the critical economic issues
that need to be considered when evaluating the extent and impact of passing-on
in practice, and offer an introduction to the empirical methods that can be utilised to
address these issues and deliver robust damages estimates.

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