Infringements in WTO law, theories of harm, and effects

This chapter deals with the concept of 'harm' within WTO law with the aim of laying the foundations on which to undertake, in chapter 7, the comparison, explanation, and comparative evaluation of WTO law and EU competition law with regard to harm. The chapter begins by describing how harm is conceptualised in the WTO covered agreements to determine the scope of comparison and to rationalise the different ways in which harm finds expression in WTO law. Following that, the chapter describes how the concept is legally interpreted and applied, especially when it comes to the matter of effects, theories of harm, and thinking based on categories of conduct in relation to establishing the violation, or infringement of a WTO law obligation. The chapter is mostly descriptive, although certain evaluation comes into play through the choice of provisions to be considered and the specific meaning given to 'harm' for the purposes of those provisions.