246 / 521
As regards the quantification of the passing-on, the national courts
are empowered to estimate which share of that overcharge was passed
on.
Conclusion
The Proposal for Directive introduces certain conditions and stan-
dards in order to ensure that real and legal persons suffering from
cartelization obtain compensation by bringing actions damages.
Further, with the Proposal for Directive, an attempt is made to harmo-
nize applicable competition law rules among member states, the pass-
ing-on defense is clearly codified and obtaining and disclosing evi-
dence, as well as joint and several liability regimes are regulated. Once
the Proposal for Directive is entered into force, it will certainly have
effects on the Turkish competition law.
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