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European Commission publishes guidelines to estimate passing-on in private damages actions: summary and Belgian view

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Tom Schoors

Managing Partner Belgium


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Rasking Lauren
Lauren Rasking

Senior Associate


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23 July 2019

The EC published guidelines for national courts to estimate the share of overcharge that is passed on.  These non-binding guidelines explain the factors impacting the existence and magnitude of passing-on effects and methods to quantify such effects.

The guidelines could contribute to a more balanced assessment of harm in private damages actions in Belgium, by offering a range of quantification methods to bridge the current gap between the (often unrealistic) precise calculation and the (often unverifiable and unpredictable) ex aequo et bono estimation.