bluuebunny/crossref_metadata_2025 huggingface dataset:
Part I Normative Foundations, 2 Normative Theory of Competition Law
Authors: Renato Nazzini
Published: March 2021

This chapter discusses why competition law is beneficial and which objectives it should pursue from a theoretical and normative perspective. It identifies long-term social welfare as the ultimate objective of competition law. In the eyes of the law, certain behaviour may be prohibited because it is likely, in the majority of cases, to reduce social welfare in the long term. Thus, from a legal perspective, firms' behaviour that reduces market rivalry so as to harm long-term social welfare should be prohibited. This prohibition should be based on three pillars which give it substance and make it operational as a set of legal rules: the protection of the competitive process or a competitive market structure, economic freedom, and fairness. However, these concepts must be interpreted in the light of the long-term social welfare objective.
Part II Legal Foundations, 4 The Objective of Article 102
Authors: Renato Nazzini
Published: March 2021

This chapter identifies the objective of Article 102 through a process of literal and teleological interpretation. The literal interpretation of Article 102 sheds little light on its objective. The only element that points to the purpose of the prohibition is the requirement that abuses of a dominant position are prohibited as ‘incompatible with the internal market’. Therefore, the purpose of Article 102 must be determined in the light of the objectives of the internal market. A literal interpretation of Article 3(3) reveals that the economic objective of the internal market is to maximize long-term social welfare through productivity growth. Therefore, this is also the objective of the EU competition rules and Article 102 in particular. The chapter then looks at the case law on Articles 101 and 102 and the EU Merger regime.
Part II Legal Foundations, 5 The General Framework of the Abuse Tests in EU Law
Authors: Renato Nazzini
Published: March 2021

This chapter assesses the key principles of the abuse test under Article 102. Article 102 envisages a causal link between dominance and abuse. The causal link must be established between dominance and competitive harm. Therefore, dominance must be an integral part of the assessment of competitive harm. Since the abuse tests under Article 102 rely on anti-competitive effects to presume competitive harm, this requirement means that dominance must be an integral element of the assessment of anti-competitive effects. Proof of the causal link between dominance and anti-competitive effects is particularly important in multi-market abuses where it is necessary to prove that dominance gives the undertaking in question either the ability or the incentive to harm competition by engaging in abusive conduct or causing anti-competitive effects on market on which it is not dominant.
Part III Tests of Abuse, 8 The Consumer Harm Test
Authors: Renato Nazzini
Published: March 2021

This chapter studies the consumer harm test. The consumer harm test asks whether the conduct of the dominant undertaking results in higher prices, lower output, or reduced product innovation. The test is not necessarily the manifestation of a consumer welfare objective of the competition rules but is consistent with the achievement of long-term social welfare. Therefore, the test may be applied under Article 102 even if this provision does not aim at maximizing some measure of consumer welfare but long-term social welfare. The chapter then looks at the consumer harm test in vertical foreclosure, focusing on refusal to supply and margin squeeze. Proof of consumer harm is required in all vertical foreclosure cases and not only when the refusal to supply relates to intellectual property rights.
Part III Tests of Abuse, 9 Defences
Authors: Renato Nazzini
Published: March 2021

This chapter explores the defences available to a prima facie case of abuse. Two preliminary issues had to be clarified first: the burden of proof and the thresholds of anti-competitive effects. When a prima facie case of abuse has been established, the dominant undertaking acquires the burden of adducing sufficient evidence to substantiate a defence. This calls for the determination of the degree of probability of the anti-competitive effects that the competition authority or claimant must prove. Defences under Article 102 can be divided into mere defences and objective justification. Mere defences do not plead a new primary fact but are limited to challenging the weight or significance of the evidence adduced by the competition authority or claimant. Objective justification is a defence that pleads a new primary fact consisting of benefits that contribute to long-term social welfare maximization.
Part IV Analytic of the Concept of Dominance, 10 Single Dominance
Authors: Renato Nazzini
Published: March 2021

This chapter discusses the concept of dominance. There are two models of dominance: a structuralist model that regards dominance as coextensive with substantial and durable market power, and a behavioural or dynamic model that regards dominance as the ability to harm competition. Under Article 102, dominance is the ability to harm competition to the detriment of long-term social welfare. It is, therefore, a quintessentially behavioural concept. This dynamic concept of dominance is consistent with the objective of Article 102, which is not to address market failures resulting from market power but to prohibit certain unilateral conduct that harms long-term social welfare. Having defined dominance, the chapter goes on to examine the three necessary elements of the dominance test: substantial and durable market power, the presence of dynamic barriers to entry, and the absence of countervailing buyer power.
Part V The Analytical Framework of Article 102, 12 General Conclusion
Authors: Renato Nazzini
Published: March 2021

This concluding chapter retraces the main thread of the reasoning in this book, from the identification of the normative foundations of competition law to the discussion of the objective of EU competition law and Article 102 and the design of the tests to determine whether conduct is abusive and whether one or more undertakings are dominant. The objective, principles, and tests that constitute the legal fabric of Article 102 can be summarized in thirty-four propositions divided into three parts: objectives and general principles; assessment of conduct; and assessment of dominance. The chapter then highlights the main areas where the current case law or enforcement practice is in need of being reviewed. These main areas include the law on conditional rebates, refusal to supply, margin squeeze, tying, discrimination, and exploitative abuses.
Horizontal Cooperation Agreements
Authors: Geradin Damien , Layne-Farrar Anne , Petit Nicolas
Published: March 2021

This chapter focuses on horizontal cooperation agreements. Horizontal cooperation agreements are agreements that are entered into by undertakings operating at the same stage of the value chain in order to achieve a variety of efficiencies. While these agreements are generally pro-competitive, they may, however, raise anticompetitive concerns. Under EU law, horizontal cooperation agreements are generally not considered to be agreements that have as their object the restriction of competition, although there may be exceptions. Indeed, as these cooperation agreements may adversely affect the parameters of competition, competition law has taken an interest in them. Cooperation agreements are typically caught by Article 101(1) TFEU. Nevertheless, horizontal cooperation agreements that trigger anticompetitive effects, but generate efficiencies as well, can be exempted under Article 101(3) TFEU.
Jurisdiction
Authors: Brealey Mark , George Kyla
Published: March 2021

This chapter considers the legal framework for determining the applicable jurisdiction in claims based on breaches of competition law. It first describes the difficulties in determining the applicable jurisdiction when commencing proceedings, the body of jurisdictional rules used in competition law cases, the standard of proof to determine jurisdiction, when courts determine jurisdiction, the date on which jurisdiction is determined, and how jurisdiction of a court to hear a claim affects the claim’s admissibility. The discussion then turns to the jurisdictional rules applied by the High Court and the Competition Appeal Tribunal (CAT) for EU defendants and non-EU defendants, with emphasis on the relevant provisions of the Judgments Regulation. The chapter concludes with a summary of the English common law jurisdictional rules that continue to apply outside the scope of the Judgments Regulation and which therefore applies to non-EU defendants.
Effect of Previous Decisions
Authors: Brealey Mark , George Kyla
Published: March 2021

This chapter examines the impact of previous decisions in competition litigation, and more specifically the extent to which previous determinations on factual and legal issues are admissible, persuasive, or binding in subsequent proceedings. It begins with a discussion of prior judicial decisions, focusing on how questions relating to the application of Articles 101(1) and Article 102 of the TFEU should be interpreted with the principles laid down by the Court of Justice of the European Union (CJEU). It then considers prior infringement decisions adopted by the competition authorities, taking into account the binding nature of such decisions as well as their personal scope. It also describes the scope and extent of the infringement that is said to be binding, findings of fact and whether they are binding or not, the decisions of other national competition authorities, and the issue of penalties and the principle of double jeopardy.
Competition Litigation in Scotland
Authors: Brealey Mark , George Kyla
Published: March 2021

This chapter focuses on the general practice and procedure governing competition litigation in Scotland. It first provides an overview of the Scottish legal system and the role of Scottish courts in commencing proceedings, before discussing the rights of parties as plaintiffs or defendants in group litigation as well as the rights of third parties to intervene in competition proceedings. It then considers the issue of jurisdiction in proceedings, summary decree and dismissal (strike out and summary judgment), and remedies that may be sought as interim orders. It also examines issues relating to disclosure of documents, burden and standard of proof, the use of factual evidence and expert evidence, how hearings are conducted, how final orders are issued, and how damages are assessed and awarded. The chapter concludes with an analysis of funding and costs in competition litigation, the governing rules on appeals and references, criminal proceedings, arbitration, and alternative dispute resolution.
Competition Litigation in Northern Ireland
Authors: Brealey Mark , George Kyla
Published: March 2021

This chapter examines the general practice and procedure governing competition litigation in Northern Ireland, with particular emphasis on competition law issues. It begins with an overview of the legal system in Northern Ireland, the litigation of private law competition claims in the High Court and in the Competition Appeal Tribunal (CAT), and the rights of parties to commence collective proceedings in group litigation. It then considers the principles governing limitation and time periods for proceedings, the issue of jurisdiction in proceedings, and how an application for the grant of interim relief is made. It also analyses discovery and access to documents, the use of factual evidence and expert evidence, conduct of hearings, how final orders are issued, and how damages are assessed and awarded. Finally, it explores funding and costs in competition litigation, the governing rules on appeals and references, criminal proceedings, arbitration proceedings, and alternative dispute resolution.
Introduction, 1 An Introduction to European Antitrust Criminalization and Its Theoretical, Legal, and Practical Challenges
Authors: Peter Whelan
Published: March 2021

This chapter provides an overview of the European antitrust criminalization debate. Article 101 of the Treaty on the Functioning of the European Union (TFEU) contains, inter alia, the EU's prohibition on cartel activity, which is enforced by the European Commission and the national competition authorities (NCAs) and courts of the EU Member States. Traditionally, within Europe, cartel law enforcement at national level has tended to avoid the employment of personal criminal punishment. This tradition notwithstanding, over the last decade or so there has been increasing debate within Europe concerning the imposition of the sanction of imprisonment on individuals who have engaged in cartel activity contrary to Article 101 TFEU. There are at least three categories of deficiencies in the current literature on the employment within the EU of personal criminal sanctions for cartel activity: theoretical, legal, and practical.
Part I Theoretical Challenges, 2 Potential Theoretical Justifications for European Antitrust Criminalization
Authors: Peter Whelan
Published: March 2021

This chapter presents two different criminal punishment theories which are potentially relevant to the European antitrust criminalization debate: deterrence and retribution. These theories were deemed to be of potential relevance for antitrust criminalization because: (i) the current literature on criminal cartel sanctions focuses to varying degrees on both of these theories; and (ii) the objectives of deterrence and retribution are currently pursued by the EU antitrust enforcers. Deterrence seeks to prevent future activity, either in a general (public-focused) or specific (individual-focused) sense. Meanwhile, retribution posits that individuals should face a criminal charge due to the fact that they have committed a moral wrong. The chapter then looks at the current status of the enforcement theories of deterrence and retribution in EU antitrust law.
Part I Theoretical Challenges, 4 European Antitrust Criminalization and the Challenge of Retribution Theory
Authors: Peter Whelan
Published: March 2021

This chapter examines the criminal punishment theory of retribution, taking a two-step approach. The first step involves the establishment of a framework to determine the ‘moral content’ of a given behaviour. The American legal theorist Stuart Green presents a useful tripartite framework to determine moral content. According to this framework, moral content can be analysed by examining three interrelated concepts: culpability; social harmfulness; and moral wrongfulness. The second step applies that framework to cartel activity and in the process examines the extent to which retribution theory can be used to justify the imposition of personal criminal antitrust sanctions, as well as the specific limitations of a retribution-based antitrust criminalization argument.
Part III Practical Challenges, 10 European Antitrust Criminalization and the Third Challenge of Design: Identifying the Desirable Enforcement Strategies
Authors: Peter Whelan
Published: March 2021

This chapter examines the third challenge of design for European antitrust criminalization: the identification of important enforcement strategies that help to ensure that the criminal cartel regime is effective in practice. These strategies were categorized into four distinct imperatives: (i) avoiding the ‘compliance trap’; (ii) securing sufficient support from stakeholders in the project of antitrust criminalization; (iii) designing effectively the criminal antitrust enforcement agency/agencies; and (iv) securing international support for the enforcement efforts of the criminalized cartel regime. The ‘compliance trap’ occurs when political support for the moral seriousness of the law which an (antitrust) authority must enforce is lacking. To secure public support for cartel criminalization, the authorities must engage in considerable educative efforts regarding the nature of cartel activity. A particular disadvantage of the criminalization of cartel activity is the need for international cooperation combined with the possible lack of desire of other jurisdictions to provide such cooperation when imprisonment could occur.
Conclusion, 11 Concluding Remarks on the Theoretical, Legal, and Practical Challenges of European Antitrust Criminalization
Authors: Peter Whelan
Published: March 2021

This concluding chapter provides final remarks on the theoretical, legal, and practical challenges of European antitrust criminalization. It also determines five different research questions that should be addressed by future researchers. First, more detailed, reliable empirical evidence on the motivations of cartelists and whether or not they act in accordance with the rationality assumption of deterrence theory is required. Second, detailed qualitative and quantitative research concerning the usefulness of information exchange within the European Competition Network (ECN) would also be useful. Third, empirical evidence should be generated concerning whether consumers actually assume that their suppliers are not engaged in cartel activity with their competitors. Fourth, empirical studies on the extent to which risk aversion is a characteristic of corporate entities need to be pursued. Finally, empirical evidence on the cultural sensitivity of perceptions of cartel activity among the citizens of the different EU Member States would be welcome.
Getting
to Know Multinationals
Authors: Muchlinski Peter T
Published: March 2021

This chapter provides an overview of multinational enterprises (MNEs), which are the most talked-about business associations in the contemporary world economy. The MNE is a business association that engages in direct investment outside its home country; that is, in foreign direct investment (FDI). The chapter traces the patterns of MNE growth over time and space. The evolution of modern MNEs has usually been divided into historical periods, interrupted by the First and Second World Wars. The ‘first global economy’ emerged during the second half of the nineteenth century and began to disintegrate with the outbreak of the First World War in 1914, finally collapsing with the Great Crash of 1929. The ‘second global economy’ originated in the post-Second World War era and gathered pace between the 1980s and into the first decade of the twenty-first century. The chapter then looks at the main explanations of MNE growth, and the role of legal factors in this process.
Liberalization and Promotion of Inward
Investment
Authors: Muchlinski Peter T
Published: March 2021

This chapter focuses on policies of investment liberalization and promotion, both at the host state and at the bilateral, regional and multilateral levels. In all cases, the aim has been to remove barriers to inward foreign direct investment (FDI) in the belief that this will offer positive economic gains to states and to the global economy. However, the removal of host state controls cannot automatically guarantee adequate levels, or useful kinds, of inward investment. Nor will it guarantee an equitable international distribution of its benefits. Moreover, competition over investment incentives between states may create economic distortions between them, with little positive gain. The reduction of barriers to direct investment, and the use of investment incentives, stand to benefit multinational enterprises (MNEs), as they can establish operations over a wider geographical space and can enjoy reduced investment risks. Against this background, the major home states of MNEs have placed the reduction of barriers to FDI onto the agendas of regional and multilateral economic organizations, with some success.
Taxation
Authors: Muchlinski Peter T
Published: March 2021

This chapter assesses how the integrated operations of multinational enterprises (MNEs) offer opportunities for tax avoidance not open to domestic firms, and how national tax authorities control this. The international character of the income-generating activities of MNEs, the national reach of individual tax administrations, increased international competition over attracting inward FDI and the need to obtain sufficient revenue from MNEs, many of which now operate as digital platforms without any physical nexus with the taxing jurisdiction, has led to calls for the reform of the international tax system. The need for greater international coordination of tax policies is clear. For now, however, national tax authorities remain the main regulators, still applying systems of taxation designed to deal with the international economy of the past, based on the arms-length principle and on the legal separation of companies in the MNE group. However, as the reality of national tax base erosion (base erosion and profit shifting, BEPS) becomes increasingly stark, alternative approaches are becoming politically acceptable, and both states and international organizations are beginning to grapple with the development of a new global model of international corporate taxation based on revised nexus and apportionment rules.
Multinational Group Liability and Directors’
Duties
Authors: Muchlinski Peter T
Published: March 2021

This chapter addresses the impact of the multinational enterprise (MNE) group on company law, considering the themes of corporate control and liability. The existence of group enterprises challenges the basic legal characteristics of the corporation: separate legal personality; directors’ duties to the company; the integrity of corporate capital; and protection of shareholders against liability for corporate debts. Corporate legal separation also hides the underlying group enterprise, reducing accountability for group actions and impacting various classes of potential claimants. The chapter then offers a historical analysis of the corporate legal form as a regulatory device for transnational corporate groups. It looks at the limits of group liability towards voluntary and involuntary creditors in equity-based groups, and in contract-based transnational network enterprises. The chapter also discusses reforms that could enhance MNE group liability and examines the group liability of directors, covering protection of minority shareholders in subsidiaries and compensation of creditors on the insolvency of affiliates.
Regulating Multinational Banks
Authors: Rogge Ebbe
Published: March 2021

This chapter explores multinational banks (MNBs). Between 2007 and 2009, the global economy experienced the global financial crisis, one of the most significant economic shocks in history, bringing into sharp relief the role of MNBs in its creation. While the MNB, as one type of multinational enterprise (MNE), is subject to the other rules and regulations discussed in this book, several important properties and characteristics show the additional rules and regulations applicable only to MNBs. In addition, the contribution of MNBs to the financial crisis raised doubts concerning the efficacy of existing regulatory rules, and the shortcomings of MNB corporate governance, leading to a reappraisal of both. The chapter tells the story of the crisis, including the role of the MNBs, outlines the regulatory regime as it stood before the crisis, and how the crisis has subsequently impacted on regulatory changes and MNB corporate governance. It concludes with an appraisal of the social and political effects of the crisis and of the future evolution of MNB regulation.
Environmental Issues
Authors: Muchlinski Peter T
Published: March 2021

This chapter assesses the third element of corporate social responsibility (CSR) applicable to multinational enterprises (MNEs): environmental sustainability. MNEs are active in industries that contribute not only to global heating but also, among other things, to environmental pollution, the production of toxic waste, the reduction of biodiversity, and the depletion of natural resources. In addition, traditional approaches to corporate governance and financial accounting focus narrowly on corporate profitability, externalizing the costs of environmental impacts to the wider community. On the other hand, MNEs are also the main repositories of modern, environmentally friendly, technology and expertise on environmentally sound management practices. Equally, new approaches that internalize environmental factors into corporate costs, decision making, and reporting are slowly emerging. Accordingly, the chapter considers not only the prevention of environmental harm arising from MNE activities, but also how MNEs might be encouraged to use the best technologies and managerial practices to enhance environmentally sustainable economic and social development. It outlines the core concepts informing the environmental responsibilities of MNEs and looks at the debate over MNE impacts—both positive and negative—on the environment, before focusing on the environmental regulation of MNEs.
Methods of Combat
Authors: Fleck Dieter
Published: March 2021

This chapter focuses on methods of combat under international humanitarian law. The fundamental idea underlying all humanitarian rules on methods and means of warfare has always been the concept of military necessity. According to the traditional approach, only the use of those means and methods of combat which are necessary to attain the military purposes of war, purposes based on the ultimate goal of overpowering the enemy armed forces, are permitted. Accordingly, the civilian population and civilian objects do not constitute legitimate military targets. Equally prohibited is the deliberately cruel killing of enemy combatants by weapons which uselessly aggravate suffering. Because these principles of ‘limited warfare’ which were formed during the nineteenth century became the nucleus of the (originally customary) laws of war, opinio juris and the practice of the nineteenth century have had a decisive impact on the shaping of modern humanitarian law. The most serious problem of rapidly developing modern warfare proved to be the use of the air force.
Protection of the Wounded, Sick, and Shipwrecked
Authors: Fleck Dieter
Published: March 2021

This chapter studies the protection of the wounded, sick, and shipwrecked. The definition of persons protected under the various treaties for the protection of the wounded, sick, and shipwrecked evolved constantly from the adoption of the 1864 Geneva Convention, which only applied to ‘combatants’. The 1906 Geneva Convention subsequently broadened the scope of application to add ‘other persons officially attached to the armed forces’, and the 1929 Geneva Convention similarly referred to ‘officers and soldiers and other persons officially attached to the armed forces’. As far as warfare at sea was concerned, the Hague Convention (III) of 1899 applied to ‘sailors and soldiers who are taken on board’, while the 1907 Hague Convention (X) added to this definition ‘other persons officially attached to fleets or armies’ in analogy to the 1906 Geneva Convention. The chapter then looks at the protection of medical personnel and the rules of international humanitarian law on the dead and missing persons. It also details the development which has led to the adoption of a new protective emblem: the Red Crystal.
Protection of Prisoners in Armed Conflict
Authors: Fleck Dieter
Published: March 2021

This chapter discusses the legal protection of prisoners in any armed conflict and prisoner-of-war status in international armed conflicts. The protection of prisoners in armed conflict is based on ethical, military, and political elements. The humane treatment derives from fundamental legal obligations and the conviction that captured enemies no longer pose any threat to the lives of persons nor to the detaining power. While specific forms and procedures of treatment may be influenced by the former conduct of the prisoner during the combat, for example the use of prohibited weapons, attacks against protected persons, or perfidious acts, standard rules of protection apply. These are deeply rooted in international humanitarian law and human rights. Military considerations also play an important role in the treatment of prisoners in armed conflict. In principle, prisoners are of military value to the adversary. They can be used as sources of information or to influence their comrades who are still fighting. On the other hand, taking and detaining prisoners can impede the detaining power's military operations.
Human Rights in Armed Conflict
Authors: Fleck Dieter
Published: March 2021

This chapter explains the application of human rights in armed conflicts. International humanitarian law has much in common with the law of human rights, since both bodies of rules are concerned with the protection of the individual. Nevertheless, there are important differences between them. Human rights law is designed to operate primarily in normal peacetime conditions, and governs the vertical legal relationship between a state and its citizens and other persons subject to its jurisdiction. Human rights law applies primarily within the territory of the state that is subject to the human rights obligation in question. International humanitarian law, by contrast, is specifically designed to regulate situations of armed conflict. These differences between human rights law and international humanitarian law have led some to argue that human rights law is only intended to be applicable in time of peace. However, it is now generally accepted that human rights continue to apply during armed conflict. Hence, international humanitarian law and human rights law can apply simultaneously in situations of armed conflict.
Protection of Religious Personnel
Authors: Fleck Dieter
Published: March 2021

This chapter examines the protection of religious personnel and legal issues of religious tolerance in armed conflicts. The presence of religious personnel in armed conflict is a reflection of the most basic sentiments of humanity and respect for the individual. Military ‘chaplains assigned to the armed forces’ are, in accordance with Article 24 GC I, protected in the same way as medical personnel. Article 8, lit. d, AP I uses the term ‘religious personnel’, which is more neutral than the Christian term ‘chaplain’. Religious personnel shall not be the object of discrimination by the adversary with regard to their particular religion. Moreover, religious personnel must not be hindered in pursuing their religious duties, even if the national regulations of the state in which they are working prohibit it. These protections are applicable to all religious personnel irrespective of their age or length of experience or military rank that they carry.
The Law of Neutrality
Authors: Fleck Dieter
Published: March 2021

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.
Functions, Definitions, and Types of Reinsurance
Authors: Edelman Colin , Burns Andrew
Published: March 2021

This chapter provides an overview of reinsurance. The broad purpose of reinsurance is for the direct insurer to be covered in respect of their liability under an original insurance policy, pursuant to which the original insured is entitled to recover from them. The functions of reinsurance, however, are not only protective—there are significant business advantages to be gained by an insurer that can obtain reinsurance. Primarily, reinsurance provides capacity to an insurer, thereby enabling the insurer to insure a volume, type, or size of risk that it would not be able to cover in the absence of reinsurance. In effect, the reinsurer enlarges the direct insurer’s underwriting capacity by accepting a share of the risks and by providing part of the necessary reserves for losses. Reinsurance also increases the capital available to the direct insurer which would otherwise be earmarked to cover potential losses. Reinsurance is essentially a contract under which an insurer agrees to pass a defined part of an insurance risk to a reinsurer. The distinction between the two main types of reinsurance is in the way that this part is defined—proportional or non-proportional.
Prospective comparison of (1,3)-beta-D-glucan detection using colorimetric and turbidimetric assays for diagnosing invasive fungal disease
Authors: Alanio Alexandre , Gits-Muselli Maud , Guigue Nicolas , Denis Blandine , Bergeron Anne , Touratier Sophie , Hamane Samia , Bretagne Stéphane
Published: March 2021

Serum (1→3)-β-D-glucan (BDG), an pan fungal antigen, is detected in some invasive fungal diseases (IFDs). We compared two commercial kits, the Fungitell assay (FA) (colorimetric) and the Wako assay (WA) (turbidimetric) over a 4-month period to prospectively test 171 patients who mainly had hematological conditions (62%) and experienced episodes (n = 175) of suspected invasive fungal infection. Twenty-three episodes due to BDG-producing fungi were diagnosed (pneumocystosis, n = 12; invasive aspergillosis, n = 5; candidemia, n = 3; invasive fusariosis, n = 2; hepato-splenic candidiasis, n = 1).

Both assays provided similar areas under the curves (AUC = 0.9). Using the optimized positivity thresholds (≥120 pg/ml for FA and ≥ 4 pg/ml for WA), the sensitivity and specificity were 81.8% (CI95: 61.5–92.7), 94.8% (90.1–97.3) for FA and 81.8% (61.5–92.7), 95.4% (90.9–97.8) for WA. Negative predictive value was 97.3% (93.3–99.0) for both tests. If the manufacturer's positivity threshold (≥11 pg/ml) was applied, the WA sensitivity decreased to 50%. Among 71 patients with bacterial infections, 21.1% were FA-positive and 5.6% were WA-positive (p < 10−2).

The WA performed similarly as compared to the FA with an optimized cutoff value. The WA is a single sample test that is clinically relevant when a prompt therapeutic decision is required.

Lay Summary

Serum (1→3)-β-D-glucan testing is dominated by two kits including Fungitell colorimetric assay (FA) and the Wako turbidimetric assay (WA). We compared them prospectively and observed that they both perform similarly when selecting their optimal threshold (≥120 pg/ml for FA and ≥ 4 pg/ml for WA).
Observational constraints on complex quintessence with attractive self-interaction
Authors: Carvente Belen , Jaramillo Víctor , Escamilla-Rivera Celia , Núñez Darío
Published: March 2021

In this paper, we consider that dark energy could be described solely by a complex scalar field with a Bose–Einstein condensate-like potential (denoted as CSFDE), that is, with a self-interaction and a mass term. In particular, we analyse a solution that in a fast oscillation regime at late times behaves as a cosmological constant. Our proposal adequately describes the standard homogeneous and flat Fridman dynamics. Furthermore, in this quintessence–complex scalar field scenario, it is possible to mimic the dynamics related to dark energy. However, when the precision cosmological tests are implemented in this landscape, the generic equation of state derived for this model in a restricted regime of ai (which corresponds to the scale factor at which the scalar field turns on) cannot be constrained by late-time current observations, since the analysis constraints solely the scalar field parameters within values ruled out by the theoretical model. This result is a clear hint to consider future CSFDE models with, for instance, two scalar fields in order to study the early-time dynamics of the Universe.
Unveiling the nature of 11 dusty star-forming galaxies at the peak of cosmic star formation history
Authors: Pantoni L , Lapi A , Massardi M , Donevski D , Bressan A , Silva L , Pozzi F , Vignali C , Talia M , Cimatti A , Ronconi T , Danese L
Published: March 2021

We present a panchromatic study of 11 (sub-)millimetre selected DSFGs with spectroscopically confirmed redshift (1.5 < zspec < 3) in the GOODS-S field, with the aim of constraining their astrophysical properties (e.g. age, stellar mass, dust, and gas content) and characterizing their role in the context of galaxy evolution. The multiwavelength coverage of GOODS-S, from X-rays to radio band, allow us to model galaxy SED by using cigale z with a novel approach, based on a physical motivated modelling of stellar light attenuation by dust. Median stellar mass (≃ 6.5 × 1010 M⊙) and SFR (≃ 241 M⊙ yr−1) are consistent with galaxy main sequence at z ∼ 2. The galaxies are experiencing an intense and dusty burst of star formation (medianLIR ≃ 2 × 1012L⊙), with a median age of 750 Myr. The high median content of interstellar dust (Mdust ≃ 5 × 108 M⊙) suggests a rapid enrichment of the ISM (on time-scales ∼108 yr). We derived galaxy total and molecular gas content from CO spectroscopy and/or Rayleigh–Jeans dust continuum (1010 ≲Mgas/M⊙ ≲ 1011), depleted over a typical time-scale τdepl ∼ 200 Myr. X-ray and radio luminosities (LX = 1042–1044 erg s−1,L$_{1.5\, {\rm GHz}}=10^{30}\!-\!10^{31}$ erg s−1,L$_{6\, {\rm GHz}}=10^{29}\!-\!10^{30}$ erg s−1) suggest that most of the galaxies hosts an accreting radio-silent/quiet SMBH. This evidence, along with their compact multiwavelength sizes (median rALMA ∼ rVLA = 1.8 kpc, rHST = 2.3 kpc) measured from high-resolution imaging (θres ≲ 1 arcsec), indicates these objects as the high-z star-forming counterparts of massive quiescent galaxies, as predicted e.g. by the in situ scenario. Four objects show some signatures of a forthcoming/ongoing AGN feedback, which is thought to trigger the morphological transition from star-forming discs to ETGs.
SALT observations of the supernova remnant MCSNR J0127−7332 and its associated Be X-ray binary SXP 1062 in the SMC
Authors: Gvaramadze V V , Kniazev A Y , Gallagher J S , Oskinova L M , Chu Y-H , Gruendl R A , Katkov I Y
Published: March 2021

We report the results of optical spectroscopy of the Small Magellanic Cloud supernova remnant (SNR) MCSNR J0127−7332 and the mass donor Be star, 2dFS 3831, in its associated high-mass X-ray binary SXP 1062 carried out with the Southern African Large Telescope. Using high-resolution long-slit spectra, we measured the expansion velocity of the SNR shell of ${\approx} 140 \, {\rm \, km\, s^{-1}}$, indicating that MCSNR J0127−7332 is in the radiative phase. We found that the observed line ratios in the SNR spectrum can be understood if the local interstellar medium is ionized by 2dFS 3831 and/or OB stars around the SNR. We propose that MCSNR J0127−7332 is the result of supernova explosion within a bubble produced by the stellar wind of the supernova progenitor and that the bubble was surrounded by a massive shell at the moment of supernova explosion. We estimated the age of MCSNR J0127−7332 to be ${\lesssim} 10\, 000$ yr. We found that the spectrum of 2dFS 3831 changes with orbital phase. Namely, the equivalent width of the H α emission line decreased by ≈40 per cent in ≈130 d after periastron passage of the neutron star and then almost returned to its original value in the next ≈100 d. Also, the spectrum of 2dFS 3831 obtained closest to the periastron epoch (about 3 weeks after the periastron) shows a noticeable emission line of He ii λ4686, which disappeared in the next 2 weeks. We interpret these changes as a result of the temporary perturbation and heating of the disc as the neutron star passes through it.
Tofacitinib alters STAT3 signaling and leads to endometriosis lesion regression
Authors: Kotlyar Alexander M , Mamillapalli Ramanaiah , Flores Valerie A , Taylor Hugh S
Published: March 2021

Endometriosis is a widespread gynecologic condition affecting up to 15% of women of reproductive age. The Janus kinase/signal transducer and activator of transcription (JAK/STAT3) pathway is upregulated in endometriosis and is a therapeutic target. Here we sought to determine the effect of Tofacitinib, a JAK inhibitor in widespread clinical use, on JAK/STAT signaling in endometriosis and lesion growth. Endometriosis was surgically induced in C57BL/6 mice using homologous uterine horn transplantation. Lesions were allowed to form over 4 weeks followed by Tofacitinib (10 mg/kg) or vehicle administered by oral gavage over 4 weeks. Tofacitinib treatment in vivo led to endometriosis lesion regression and reduced adhesion burden compared to vehicle treatment. In vitro studies on Ishikawa cells showed that Tofacitinib reduced hypoxia-inducible factor 1α and vascular endothelial growth factor mRNA levels at 12 and 24 h. Western blot analysis showed that Tofacitinib effectively reduced STAT3 phosphorylation in Ishikawa cells and human primary stromal and epithelial cells from eutopic endometrium of patients with and without endometriosis. This study suggests that the inhibition of JAK/STAT signaling using Tofacitinib may be a viable method for the treatment of endometriosis.
Competition between bridged dinucleotides and activated mononucleotides determines the error frequency of nonenzymatic RNA primer extension
Authors: Duzdevich Daniel , Carr Christopher E , Ding Dian , Zhang Stephanie J , Walton Travis S , Szostak Jack W
Published: March 2021

Nonenzymatic copying of RNA templates with activated nucleotides is a useful model for studying the emergence of heredity at the origin of life. Previous experiments with defined-sequence templates have pointed to the poor fidelity of primer extension as a major problem. Here we examine the origin of mismatches during primer extension on random templates in the simultaneous presence of all four 2-aminoimidazole-activated nucleotides. Using a deep sequencing approach that reports on millions of individual template-product pairs, we are able to examine correct and incorrect polymerization as a function of sequence context. We have previously shown that the predominant pathway for primer extension involves reaction with imidazolium-bridged dinucleotides, which form spontaneously by the reaction of two mononucleotides with each other. We now show that the sequences of correctly paired products reveal patterns that are expected from the bridged dinucleotide mechanism, whereas those associated with mismatches are consistent with direct reaction of the primer with activated mononucleotides. Increasing the ratio of bridged dinucleotides to activated mononucleotides, either by using purified components or by using isocyanide-based activation chemistry, reduces the error frequency. Our results point to testable strategies for the accurate nonenzymatic copying of arbitrary RNA sequences.
An RNA-binding protein complex regulates the purine-dependent expression of a nucleobase transporter in trypanosomes
Authors: Rico-Jiménez Miriam , Ceballos-Pérez Gloria , Gómez-Liñán Claudia , Estévez Antonio M
Published: March 2021

Post-transcriptional regulation of gene expression is particularly important in trypanosomatid protozoa. RNA-binding proteins (RBPs) regulate mRNA stability and translation, yet information about how RBPs are able to link environmental cues to post-transcriptional control is scarce. In Trypanosoma brucei, we have previously characterized a short RNA stem-loop cis-element (PuRE, Purine Responsive Element) within the 3′-UTR of the NT8 nucleobase transporter mRNA that is necessary and sufficient to confer a strong repression of gene expression in response to purines. In this study, we have identified a protein complex composed of two RNA-binding proteins (PuREBP1 and PuREBP2) that binds to the PuRE in vitro and to NT8 mRNA in vivo. Depletion of PuREBP1 by RNA interference results in the upregulation of just NT8 and the mRNAs encoding the amino acid transporter AATP6 paralogues. Moreover, we found that the PuREBP1/2 complex is associated with only a handful of mRNAs, and that it is responsible for the observed purine-dependent regulation of NT8 expression.
Prevalence and Distribution of Electronic Cigarette Use Before and During Pregnancy Among Women in 38 States of the United States
Authors: Liu Buyun , Du Yang , Wu Yuxiao , Sun Yangbo , Santillan Mark K , Santillan Donna A , Bao Wei
Published: March 2021

Introduction

To examine the prevalence and the changing pattern of e-cigarette use from preconception to pregnancy.

Aims and Methods

This is a cross-sectional study using data from the multi-site Pregnancy Risk Assessment Monitoring System in the United States, 2016–2017. All participating mothers with information on e-cigarette use before and during pregnancy were included. Self-reported information about e-cigarette use were assessed using questionnaires. Weighted prevalences of e-cigarette use before and during pregnancy were calculated. Multivariable logistic regressions were used to examine the association between various demographic characteristics and e-cigarette use before or during pregnancy.

Results

This study included 69 508 pregnant women from 38 states in the United States. The weighted prevalence of e-cigarette use before pregnancy and during the last 3 months of pregnancy was 3.6% (95% confidence interval [CI] 3.4%–3.9%) and 1.1% (0.9%–1.2%), respectively. The prevalence varied across states, ranging from 1.3% to 8.3% for e-cigarette use before pregnancy and from 0.1% to 3.4% for e-cigarette use during the last 3 months of pregnancy. Among women who used e-cigarettes before pregnancy, 24.4% (21.7%–27.1%) continued to use e-cigarettes during pregnancy. Among women who used e-cigarettes during pregnancy, 62.3% (56.5%–68.0%) were dual users. In multivariable analyses, cigarette smoking was most strongly associated with e-cigarette use. The adjusted odds ratio comparing smokers with nonsmokers before pregnancy was 11.10 (95% CI 9.34–13.20) for e-cigarette use before pregnancy and 6.72 (95% CI 4.38–10.31) for e-cigarette use during pregnancy.

Conclusions

Using data from 38 states in the United States, we showed geographical variations in the prevalence of e-cigarette use before and during pregnancy. Among women who used e-cigarettes before pregnancy, a quarter of them continued to use e-cigarettes during pregnancy. Conventional cigarette use is a strong risk factor for e-cigarette use before and during pregnancy. The prevalence of e-cigarette use needs to be monitored continuously.

Implications

This study provides important information to understand the status and changing patterns of e-cigarette use in pregnant women in the United States. Among pregnant women in 38 states in the United States, 3.6% of them used e-cigarettes during the 3 months before pregnancy and 1.1% used them during the last 3 months of pregnancy. The prevalence varied across states. A quarter of women who used e-cigarettes before pregnancy continued to use e-cigarettes during pregnancy. Cigarette smoking is the strongest predictor of e-cigarette use. Future research about health effects of e-cigarette use during pregnancy is in urgent need.