The Regulation of “Passing-On” in the Directive 2014/104/EU

Abstract

Passing-on of overcharges is a very relevant issue in the context of the private application of Competition Law since it is intimately connected to the very foundation of actions for damages. This paper analyses the regulatory option taken in the Directive 2014/104/EU in this respect, studying both the legal standing of indirect purchasers and the passing-on defence, and points out some practical problems that will very probably undermine the effectiveness of the system of private application of Competition Law.