The Issue of Damage in Civil Liability for Anti-Competitive Practices: A Study of the French and European Models

Abstract

Competitive harm is considered one of the fundamental elements that defines civil liability in the context of anti-competitive practices. It is accompanied by the element of fault as a general principle (represented by engaging in acts that harm the integrity of competition). In the absence of harm, legal liability cannot be established, as this element constitutes the cornerstone in proving it. French and European legislation has devoted significant attention to this element, with legal systems in both contexts providing detailed clarifications on the concept of competitive harm, relying on specific legislative directives, as well as contributions from legal scholarship and judicial rulings in this area.