Sure, but they are only likely to pursue civil action if competitors scraped in a manner that resulted in meaningful losses, i.e by scraping a competitor's data

Sure, but they are only likely to pursue civil action if competitors scraped in a manner that resulted in meaningful losses, i.e by scraping a competitor's data in violation of the TOS and then selling or representing it as your own. A few people circumventing paywalls isn't going to register on the legal radar.