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Brief 37: Pass-on in Damages Assessment: defence or offence? 09.09.11

When assessing the damage suffered by customers affected by a competition law infringement such as a cartel, it may be relevant to consider the extent to which these downstream firms have passed on some or all of any price increase caused by the infringement to their own customers. Since passing on a price increase will always reduce the damage, reference is often made to the “passing-on defence”. …

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