The limited harmonization by the Directive Sample Clauses

The limited harmonization by the Directive. In relation to the causal relationship between the infringement and the harm, the Damages Directive establishes only limited rules on evidence.38 The notion of a causal link between the infringement and the damage, however, is not directly addressed in the Directive, which merely recalls that it continues to be regulated by national rules subject to the principles of equivalence and effectiveness.39 In this regard, the burden of proving the existence of the passing-on of the damage rests with the claimant.40 The indirect purchaser, like any other person injured by an infringement of the competition rules of the Treaty, may benefit from the presumption that cartel infringements cause harm.41 In addition, in view of the difficulties that may be encountered in the national rules of evidence, the Directive establishes, solely in favor of the indirect purchaser, a rebuttable presumption that there has been a pass-on of the damage when the indirect purchaser can prove that three conditions are cumulatively met: the defendant has committed an infringement of competition law; the meaning of that provision, which have participated in that agreement or practice" (CJEU of 14 March 2019, para. 32). See also supra footnote 17. 38 See X. XXXXXX: “Causal Uncertainty and Damages Claims for the Infringement of Competition Law in Europe", Yearbook of European Law (2015), pp. 43-47; X. XXXXXX: The Passing-On Problem in Damages and Restitution under EU Law, pp. 328-329; X. XXXXXXXX: Causation in Competition Law Damages Actions, CUP (2019), pp. 148-149.