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On 25 October 2016, the European Commission published a Study on the Passing-on of Overcharges (the “Study”). Written by economists with assistance from lawyers across the EU, it is intended to provide judges, practitioners and economic experts with practical guidance on how to assess the pass-on of overcharges in the context of competition law infringements. The Study will also be used by the European Commission to assist with its drafting of pass-on guidelines.

This briefing note considers the increasing importance of pass-on in competition damages actions and provides an overview of the Study’s findings and its key implications for clients either bringing, or defending, competition damages actions.