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Version status: Entered into force | Document consolidation status: No known changes
Version date: 25 December 2014 - onwards
Version 2 of 2

Article 13 Passing-on defence

Member States shall ensure that the defendant in an action for damages can invoke as a defence against a claim for damages the fact that the claimant passed on the whole or part of the overcharge resulting from the infringement of competition law. The burden of proving that the overcharge was passed on shall be on the defendant, who may reasonably require disclosure from the claimant or from third parties.