Przerzucanie nadmiernego obciążenia w ramach dochodzenia naprawienia szkody antymonopolowej: dyrektywa, judykatura i wybrane unormowania krajowe
The passing-on of overcharges in actions for antitrust damages: directive, case-law and selected national regulations

Summary/Abstract: The article presents the rules for applying the concept of the passing-on of overcharges by a party harmed by an infringement of competition law. These are the rules developed in the jurisprudence of selected Member States, as well as in the relevant national provisions (based on Directive 2014/104 / EU). The study is focused primarily on case-law. Judgments of the courts of those Member States in which the model of private enforcement (also before the entry into force of the above-mentioned directive) was relatively well developed (such as Germany, Great Britain) are cited and commented upon. The study also contains a reference to the judgments of Polish courts, which, however – in the area of private enforcement (including the issue of passing-on) – are very few.

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