A direct or indirect purchaser, whether of goods or services, who claims to have suffered the application or repercussion of an additional cost must prove its existence and extent.
However, the indirect purchaser, whether of goods or services, shall be deemed to have provided proof of such passing-on where it proves that:
1° The defendant has committed an anti-competitive practice referred to in Article L. 481-1;
2° This practice resulted in additional costs for the defendant’s direct contractor;
3° He purchased goods or used services affected by the anti-competitive practice, or purchased goods or used services derived from or containing them.
The defendant may, however, demonstrate that the additional cost was not passed on to the indirect purchaser or was only partially passed on by its previous contractor.