Inside The EU's Overcharge Pass-On Study

On Oct. 25, 2016, the European Commission released a “Study on the Passing-on of Overcharges” after a year-long evaluation and input process. The study will help judges, regulators and practitioners critically evaluate pass-on claims in European competition cases through both legal and economic lenses. The detailed 315-page report highlights the increasingly important role of pass-on in the EU, and compares EU law concerning pass-on with other jurisdictions, including the United States. This article gives an overview of the study’s results and predicts the effects of increasing pass-on litigation in the EU.

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