bluuebunny/crossref_metadata_2025 huggingface dataset:
The Relation between Catheter Occlusion and Backflow during Intraparenchymal Cerebral Infusions
Authors: Brady Martin L. , Raghavan Raghu , Block Walter , Grabow Benjamin , Ross Chris , Kubota Ken , Alexander Andrew L. , Emborg Marina E.
Published: February 2015

Background/Aims: The distribution of infusate into the brain by convection-enhanced delivery can be affected by backflow along the catheter shaft. This work assesses the following: (1) whether tissue coring and occlusion of the catheter lumen occurs when an open end-port catheter is inserted, (2) whether there is a relationship between intracatheter pressure and backflow, and (3) whether catheter occlusion increases backflow. Methods: Freshly excised monkey brains were used to assess tissue coring and its correlation with the behavior of the line pressure. In vivo infusions of gadolinium solution into monkey putamen at 1 μl/min were conducted with and without a stylet during insertion. The effect of flow during insertion was evaluated in vivo in the pig thalamus. MRI and line pressure were continuously monitored during in vivo infusions. Results: Ex vivo testing showed that open end-port insertions always cored tissue (which temporarily plugs the catheter tip) and increased pressure followed by a rapid fall after its expulsion. Catheter insertion with a stylet in place prevented coring but not flow insertion; neither affected backflow. Conclusion: Open end-port catheters occlude during insertion, which can be prevented by temporarily closing the port with a stylet but not by infusing while inserting. Backflow was not completely prevented by any insertion method.
Hypoxia Induces an Undifferentiated Phenotype of Oral Keratinocytes in vitro
Authors: Kato Hiroko , Izumi Kenji , Uenoyama Atsushi , Shiomi Aki , Kuo Shiuhyang , Feinberg Stephen E.
Published: February 2015

The aim of this study was to determine the effects of hypoxia on the proliferating potential and phenotype of primary human oral keratinocytes cultured at ambient oxygen tension (20%) or at different levels of hypoxia (2 and 0.5% O2). The effects of oxygen tensions on cellular metabolic activity, cell proliferation, clonogenicity and proliferation heterogeneity were measured. Cell cycle profiles were analyzed by a fluorescent-activated cell sorter, and p21WAF1/CIP1 expression in the G₀/G1 phase was also concomitantly quantitated. The expression levels of cell cycle regulatory proteins were examined by immunoblotting, and the cellular senescence was assessed by senescence-associated β-galactosidase staining. Basal and suprabasal keratinocyte phenotypes were determined by the expression levels of 14-3-3σ, p75NTR and α6 integrin. Despite having a lower metabolism, the proliferation rate and clonogenic potential were remarkably enhanced in hypoxic cells. The significantly higher percentage of cells in the G₀/G1 phase under hypoxia and the expression patterns of cell cycle regulatory proteins in hypoxic cells were indicative of a state of cell cycle arrest in hypoxia. Furthermore, a decrease in the expression of p21WAF1/CIP1 and p16INK4A and fewer β-galactosidase-positive cells suggested a quiescent phenotype rather than a senescent one in hypoxic cells. Compared with normoxic cells, the differential expression patterns of keratinocyte phenotypic markers suggest that hypoxic cells that generate minimal reactive oxygen species, suppress the mammalian target of rapamycin activity and express hypoxia-inducible factor-1α favor a basal cell phenotype. Thus, regardless of the predisposition to the state of cell cycle arrest, hypoxic conditions can maintain oral keratinocytes in vitro in an undifferentiated and quiescent state.
Apoyo humanitario a niñas y niños repatriados: las Casas YMCA para Menores Migrantes
Authors: Zamora Gabriela
Published: February 2015

La repatriación de mexicanos desde Estados Unidos es una constante en el tema de las migraciones, y la asistencia a los migrantes es un aspecto relevante sobre todo cuando se trata de niñas, niños y adolescentes. Las Casas YMCA para Menores Migrantes surgen en respuesta a la necesidad de brindar protección a este segmento de la población. En el presente artículo describo la atención que las Casas YMCA ofrecen a los menores migrantes mexicanos.
Dispositivos para generación de discurso y fundamentos conceptuales del trabajo infantil
Authors: Estrada-Jiménez Juan Manuel , Novoa-Vargas Luz Nelly , Guío-Nitola Leidy Andrea , Espinel-Mesa Angélica Paola
Published: February 2015

En este avance de investigación proponemos una metodología para el trabajo con niños y niñas, basada en dos dispositivos para la generación de discurso por medio de la actividad lúdica: un dispositivo destinado a la identificación de las dinámicas relacionales en el contexto de la familia, y otro orientado al reconocimiento de las formas en que se reproducen estas dinámicas en el entorno escolar. Igualmente presentamos las categorías analíticas que han servido para definir la situación de la infancia trabajadora, a partir de la identificación de temas centrales en el discurso de revistas especializadas sobre el tema, desplegando estas categorías como los fundamentos hermenéuticos que permitirán identificar a los niños y niñas como actores sociales productivos, y como ciudadanos y ciudadanas con derechos y deberes que demandan ser respetados.
O ponto de vista da criança no debate sobre comunicação e consumo
Authors: Orofino Maria Isabel
Published: February 2015

Este artigo apresenta uma síntese de uma pesquisa qualitativa realizada sobre o tema das relações das crianças com as mídias e o consumo na vida contemporânea. O problema da investigação focou nas potencialidades da agência infantil diante dos apelos sedutores da mídia comercial. Esta problemática que indaga sobre as competências culturais das crianças e o seu ponto de vista está ancorada no campo da comunicação social a partir da perspectiva dos estudos culturais, da teoria latino-americana das mediações e da pedagogia dialógica. Ao longo do ano de 2013 foi realizada uma pesquisa de campo com 25 crianças em uma ONG no centro da cidade de São Paulo. Os dados foram coletados com o uso de metodologias dialógicas e participativas. Os resultados demonstram que as crianças detêm um repertório sobre as textualidades midiáticas sabendo distinguir entre formatos, gêneros e formas culturais.
Targeting Pathogenic Postischemic Self-Recognition by Natural IgM to Protect Against Posttransplantation Cardiac Reperfusion Injury
Authors: Atkinson Carl , Qiao Fei , Yang Xiaofeng , Zhu Peng , Reaves Nicholas , Kulik Liudmila , Goddard Martin , Holers V. Michael , Tomlinson Stephen
Published: February 2015

Background—

Natural IgM antibodies represent a class of innate pattern recognition receptors that recognize danger-associated molecular patterns expressed on stressed or dying cells. They play important roles in tissue homeostasis by disposing of prenecrotic cells and suppressing inflammation. However, ischemic insult leads to a pathogenic level of IgM binding and complement activation, resulting in inflammation and injury. We investigate the role of self-reactive IgM in the unique setting of transplantation where the donor organ undergoes both cold and warm ischemia and global ischemic insult.

Methods and Results—

By transplanting hearts from wild-type donor mice into antibody-deficient mice reconstituted with specific self-reactive IgM monoclonal antibodies, we identified neoepitopes expressed after transplantation and demonstrated a key role for IgM recognition of these epitopes in graft injury. With this information, we developed and characterized a therapeutic strategy that exploited the postischemia recognition system of natural antibodies. On the basis of neoepitope identification, we constructed an anti–annexin IV single-chain antibody (scFv) and an scFv linked to Crry, an inhibitor of C3 activation (scFv-Crry). In an allograft transplantation model in which recipients contain a full natural antibody repertoire, both constructs blocked graft IgM binding and complement activation and significantly reduced graft inflammation and injury. Furthermore, scFv-Crry specifically targeted to the transplanted heart and, unlike complement deficiency, did not affect immunity to infection, an important consideration for immunosuppressed transplant recipients.

Conclusions—

We identified pathophysiologically important epitopes expressed within the heart after transplantation and described a novel translatable strategy for targeted complement inhibition that has several advantages over currently available approaches.
First Report of the Global SYMPLICITY Registry on the Effect of Renal Artery Denervation in Patients With Uncontrolled Hypertension
Authors: Böhm Michael , Mahfoud Felix , Ukena Christian , Hoppe Uta C. , Narkiewicz Krzysztof , Negoita Manuela , Ruilope Luis , Schlaich Markus P. , Schmieder Roland E. , Whitbourn Robert , Williams Bryan , Zeymer Uwe , Zirlik Andreas , Mancia Giuseppe
Published: February 2015

This study aimed to assess the safety and effectiveness of renal denervation using the Symplicity system in real-world patients with uncontrolled hypertension (NCT01534299). The Global SYMPLICITY Registry is a prospective, open-label, multicenter registry. Office and 24-hour ambulatory blood pressures (BPs) were measured. Change from baseline to 6 months was analyzed for all patients and for subgroups based on baseline office systolic BP, diabetic status, and renal function; a cohort with severe hypertension (office systolic pressure, ≥160 mm Hg; 24-hour systolic pressure, ≥135 mm Hg; and ≥3 antihypertensive medication classes) was also included. The analysis included protocol-defined safety events. Six-month outcomes for 998 patients, including 323 in the severe hypertension cohort, are reported. Mean baseline office systolic BP was 163.5±24.0 mm Hg for all patients and 179.3±16.5 mm Hg for the severe cohort; the corresponding baseline 24-hour mean systolic BPs were 151.5±17.0 and 159.0±15.6 mm Hg. At 6 months, the changes in office and 24-hour systolic BPs were −11.6±25.3 and −6.6±18.0 mm Hg for all patients (
P
<0.001 for both) and −20.3±22.8 and −8.9±16.9 mm Hg for those with severe hypertension (
P
<0.001 for both). Renal denervation was associated with low rates of adverse events. After the procedure through 6 months, there was 1 new renal artery stenosis >70% and 5 cases of hospitalization for a hypertensive emergency. In clinical practice, renal denervation resulted in significant reductions in office and 24-hour BPs with a favorable safety profile. Greater BP-lowering effects occurred in patients with higher baseline pressures.

Clinical Trial Registration—

URL:
www.clinicaltrials.gov
. Unique identifier: NCT01534299
The Inscrutable Intentions of Great Powers
Authors: Rosato Sebastian
Published: February 2015

Can great powers reach confident conclusions about the intentions of their peers? Many scholars argue that they can. One set of arguments holds that states can deduce others’ current intentions from certain domestic characteristics such as their foreign policy goals, ideology, or regime type. Another focuses on behavior and maintains that states can infer current intentions by examining their counterparts’ arms policies, membership in international institutions, or past actions in the security realm. A final set of arguments explains why intentions are unlikely to change and thus why current designs are good predictors of future plans. On careful review, these optimistic claims are unpersuasive. Great powers cannot confidently assess the current intentions of others based on the latter's domestic characteristics or behavior, and they are even less sure when it comes to estimating their peers’ future intentions. These findings have important implications for theory and policy. Theoretically, they strengthen structural realism against competing approaches. As for the real world, they suggest that the United States and China are on a collision course if the latter continues to rise and becomes a peer competitor.
Moving Through the Interregnum
Authors: Haugbolle Sune
Published: February 2015

This article analyzes the iconic Syrian writer and activist Yassin al-Haj Saleh. It analyzes the film Baladna al-rahib [Our Terrible Country] by Syrian filmmakers Muhammad Ali Atassi and Ziad Homsy as a way to explore current debates about revolution, exile and representation in Syria and the Middle East. Homsy and Atassi embrace and use Saleh’s stature as an iconic figure whose embodied meaning functions as an ‘aperture’ to a truth beyond his own person; the truth, in this case, about the Syrian revolution. By using theories of iconicity and revolution, the article interrogates current debates about revolution. What can a revolutionary icon do or say in a situation of apparent defeat? What images of revolution can filmmakers create in a state of what Gramsci called the interregnum, when the old is dying and the new is struggling to be born? It suggests that icons do not only reflect struggle, but also make and remake ideological positions. For the revolutionary project, the key issue becomes what kind of ideological re-making emerges from crisis, and what kind of change to the repertoire of action critique animates.
Dead Bodies, Affective States and Volatile Icons
Authors: Kuzmanovic Daniella
Published: February 2015

Dead bodies are symbolically effective in the context of politics, and enjoy a particular connection with affect. The mass-mediated mobilizations around Hrant Dink and the dead body of Dink suggest that there is indeed something about Katherine Verdery’s insight. Dink was a Turkish citizen of Armenian descent, editor, civic activist and a controversial public figure in Turkey. He was assassinated in 2007. Rather than focusing on the Armenian aspect in context of Turkish nationalism in order to grasp the efficacy of Dink and of his dead body, this article dwells on the intertwinement between his dead body and experiences of state subjects in Turkey. I argue that the efficacy of Dink, the semantic and affective density generated by way of the dead body, is produced in a conjuncture where neither meanings around the body and the person it embodied, nor of the state will stabilize.
Ten new species of corticolous pyrenocarpous lichens from NE Brazil
Authors: Aptroot Andre , ANDRADE DANNYELLY SANTOS , MENDONÇA CLÉVERTON , LIMA EDVANEIDE LEANDRO DE , CÁCERES Marcela Eugenia da Silva
Published: February 2015

Ten corticolous pyrenocarpous lichens are newly described from different forest biomes in NE Brazil. All were collected in the past two years in Atlantic rain forest or Caatinga vegetation in Pernambuco or Sergipe. The following species are described: Anisomeridium globosum, Pyrenula abditicarpa, P. albonigra, P. aurantiacorubra, P. celaticarpa, P. cinnabarina, P. inspersicollaris, P. musaespora, P. rubrolateralis, and Thelenella lateralis.
Crocus thracicus (Iridaceae), a new species from north-western Turkey
Authors: Yüzbaşıoğlu İbrahim Sırrı , Aslan Serdar , Özhatay Neriman
Published: February 2015

Crocus thracicus is described as a new species from Thrace, the European part of Turkey. The white form of this species was wrongly referred to an albino form of C. chrysanthus by Mathew in the Flora of Turkey. It grows in open stony places and in sparse Quercus sp. and Paliurus spina-christi clearings at elevations between 45–170 m. It is compared with the morphologically similar C. alexandri and C. weldenii. A description, detailed illustrations, photograps of metephase plate, karyotype and idiogram of new species are presented.
Contribution to the knowledge of Patagonia, Argentina: redescription of the genus Xenogenus Berg 1883 (Hemiptera: Heteroptera: Rhopalidae) and description of immature stages of Xenogenus gracilis Reed, 1899
Authors: DIEZ FERNANDO , COSCARÓN MARÍA DEL CARMEN
Published: February 2015

This is a review of Xenogenus Berg 1883 a Neotropical genus with two species: X. gracilis Reed (1899) and X. picturatum Berg 1883. Males of X. picturatum, males and females of X. gracilis are redescribed and illustrated; instars II–V of X. gracilis are described and illustrated. The host plant and new record data are also given for the latter.
Some Pitfalls of the Semiempirical Method Used to Project Sea Level
Authors: Orlić Mirko , Pasarić Zoran
Published: February 2015

Three variants of the semiempirical method for sea level projection are considered. They differ in assuming that the response of sea level to temperature forcing is equilibrium, inertial, or a combination of the two. All variants produce a successful regression of the temperature and sea level data, albeit with controlling parameters that differ among the cases. The related response times vary considerably, with a realistic value (~50 yr) obtained only if both the equilibrium and the inertial dynamics are taken into account. A comparison of sea levels projected by using the three variants shows that the time series are similar through the middle of the twenty-first century but they radically diverge by the end of the twenty-third century. This result is interpreted with the aid of the underlying transfer functions. It suggests that one should be cautious when using the semiempirical method to project sea level beyond the twenty-first century.
Phase Speed Cross Spectra of Eddy Heat Fluxes in the Eastern Pacific
Authors: Abernathey Ryan , Wortham Cimarron
Published: February 2015

This study investigates the observed spectral character of eddy heat fluxes near the ocean surface, focusing on the distribution in wavenumber and phase speed space. Eddy heat fluxes in the eastern Pacific are calculated from concurrent satellite sea surface height and sea surface temperature data. A high-resolution coupled climate model is also analyzed in order to verify the physical mechanisms involved and to validate the model against observations. Wavenumber, frequency, and phase speed power spectra and cross spectra are constructed and presented as a function of latitude. These spectra reveal the dominance of coherent mesoscale eddies in both the length scale and phase speed of eddy heat fluxes. The breadths of the spectra are characterized via spectral moments; these moments show that the eddy fluxes are relatively concentrated around the dominant wavenumber and phase speed. Good agreement is found between the model and the observed spectra. The integrated heat transport and corresponding eddy diffusivity are shown to compare well with previous studies, but the results give a deeper insight into what determines the heat flux. Implications for eddy parameterization are discussed.
After a Decade Are Atlantic Tropical Cyclone Gale Force Wind Radii Forecasts Now Skillful?
Authors: Knaff John A. , Sampson Charles R.
Published: February 2015

The National Hurricane Center (NHC) has a long history of forecasting the radial extent of gale force or 34-knot (kt; where 1 kt = 0.51 m s−1) winds for tropical cyclones in their area of responsibility. These are referred to collectively as gale force wind radii forecasts. These forecasts are generated as part of the 6-hourly advisory messages made available to the public. In 2004, NHC began a routine of postanalysis or “best tracking” of gale force wind radii that continues to this day. At approximately the same time, a statistical wind radii forecast, based solely on climatology and persistence, was implemented so that NHC all-wind radii forecasts could be evaluated for skill. This statistical wind radii baseline forecast is also currently used in several applications as a substitute for or to augment NHC wind radii forecasts. This investigation examines the performance of NHC gale force wind radii forecasts in the North Atlantic over the last decade. Results presented within indicate that NHC’s gale force wind radii forecasts have increased in skill relative to the best tracks by several measures, and now significantly outperform statistical wind radii baseline forecasts. These results indicate that it may be time to reinvestigate whether applications that depend on wind radii forecast information can be improved through better use of NHC wind radii forecast information.
Antitrust Policy toward Resale Price Maintenance following Leegin
Authors: Comanor William S.
Published: February 2015

There are two economics of resale price maintenance and other vertical restraints. In the first economics, the restraints are imposed by manufacturers on their distributors to achieve increased sales and higher profits, while in the second, restraints are coerced by large distributors, or collections of distributors, on their suppliers. This distinction is critical because restraints arising in the first context sometimes lead to enhanced consumer welfare, while restraints imposed in the second invariably lead to reduced competition and diminished consumer welfare. This article relies on this distinction to suggest appropriate antitrust standards toward resale price maintenance under the rule of reason mandated in the Leegin decision.
RPM and the Rule of Reason: Ready or Not, Here We Come?
Authors: Harbour Pamela Jones , Price Laurel A.
Published: February 2015

We argue that a structured rule of reason, anchored by a rebuttable presumption of illegality, is the appropriate legal standard for analyzing resale price maintenance (RPM) agreements between manufacturers and retailers. A presumption in favor of consumers is especially necessary in light of the transformative possibilities of e-commerce. Internet-based retailing innovations are likely to promote price-reducing distribution efficiencies. The spread of RPM to the Internet, however, is likely to retard such innovation and suppress efficiencies. We also argue that RPM analysis focused solely on interbrand competition will be insufficient, misleading, and biased in favor of manufacturers. Consumers undeniably benefit from competition among rival distributors of consumer goods. The inter/intrabrand distinction is significant only in single-brand distribution channels. In any event, innovation competition is more important to economic progress than both inter- and intrabrand competition.
Leegin and Procompetitive Resale Price Maintenance
Authors: Elzinga Kenneth G. , Mills David E.
Published: February 2015

The recent Supreme Court opinion in Leegin reversed the longstanding precedent of Dr. Miles Medical. Resale price maintenance (RPM) is no longer condemned per se but instead is treated under the rule of reason. This ruling allows an inquiry as to the economic rationale and competitive consequences of a manufacturer's RPM policy. This article reviews Leegin's challenged pricing strategy and the business environment in which it arose. Leegin's conduct is interpreted in light of the relevant economic literature about RPM. We conclude that Leegin's price policy fits none of the accepted economic theories of how RPM could be anticompetitive, but instead exemplifies a theory that predicts procompetitive effects. The most compelling explanation for Leegin's conduct is that it sought to induce efficient retail services to support its product line and to increase interbrand competition between the company and its many competitors.
Transaction Cost Economics and Vertical Market Restrictions—Evidence
Authors: Lafontaine Francine , Slade Margaret E.
Published: February 2015

We examine the empirical research on interfirm contracts that has been inspired by Oliver Williamson's work on transaction costs. We eschew the vast and supportive empirical literature on the make-or-buy decision, covered elsewhere, focusing instead on vertical market restrictions. We organize our discussion around specific restrictions, emphasizing the evidence concerning restrictions, such as contract duration and adjustment clauses, that have been studied most through transaction cost lenses, but also the findings from studies of vertical restraints, namely those restrictions that have been the focus of antitrust policy. We conclude with some general thoughts about how what one can learn from these studies can inform antitrust policy regarding vertical market restrictions.
The Journey toward an Effects-Based Approach under Article 101 TFEU—The Case of Hardcore Restraints
Authors: Jones Alison
Published: February 2015

This article charts the journey that the European Commission has taken to “modernize” the interpretation and application of Article 101. It starts by analyzing the Commission's initial formalistic approach to Article 101 and examining why change was necessary. It then considers how, and the extent to which, reform has occurred, focusing on the treatment of hardcore restraints. The article notes that, in spite of the significant change that has followed the modernization program, there has been little evolution in the EU in the treatment of hardcore restraints, which are still treated on a strict and inflexible basis. Indeed, it concludes that the process of modernization may have made it less likely that firms will be willing to incorporate hardcore restraints in their agreements, even where they consider them to be indispensable to the working of a procompetitive arrangement.
Global Value Chains and International Competition
Authors: Gereffi Gary
Published: February 2015

Globalization has given rise to a new era of international competition that is best understood by looking at the global organization of industries and how countries rise and fall within these industries. The global value chains framework has evolved from its academic origins to become a major paradigm used by a wide range of international organizations, such as the World Bank, the World Trade Organization, the International Labor Organization, and the U.S. Agency for International Development. Global value chains highlight how new patterns of international trade, production, and employment shape the prospects for development and competitiveness, using core concepts like “governance” and “upgrading.” This article illustrates the use of this framework by contrasting the industrial upgrading experiences of China and Mexico, through which China has wrested market share from Mexico in a diverse spectrum of U.S. product markets en route to becoming a dominant global manufacturing power in just a couple of decades. The future of international competition will reflect the consolidation and resilience of global value chains and the determination of emerging economies to continue to upgrade to higher value goods and services within these chains, with a growing emphasis on domestic and regional markets.
Problems with Prison in International Cartel Cases
Authors: Connor John M.
Published: February 2015

Around 2000 the Antitrust Division announced a new policy that would substitute more frequent and more severe prison sentences for heavier corporate fines in criminal cartel cases. This article documents that the Division has imprisoned more cartel managers and obtained longer sentences, but failed to achieve other goals. The elimination of no-jail plea deals has not been realized; the number of imprisoned executives per firm has not risen appreciably; adoption of criminalization by other jurisdictions is glacial; almost half of those executives who go to trial are acquitted; extradition is rare and problematic; and the number of fugitives is growing. The optimal mix of corporate and individual sanctions for deterrence remains elusive.
The Enforcement of the Anti-Monopoly Law in China: An Institutional Design Perspective
Authors: Zhang Angela Huyue
Published: February 2015

The unveiling of the Anti-Monopoly Law (the AML) on August 30, 2007, marked a symbolic commencement of a new era of competition for China. Since the law was enacted in 2008, every move made by the Chinese antitrust authorities has been closely watched by the international community. Although much attention has been devoted to second-guessing the political motives behind each of the Chinese government's decisions, little effort has been directed to studying problems in the institutional framework for implementing the AML. This article identifies three problems in the institutional design of China's antitrust enforcement system and calls for attention to remedy them.
Unfair Methods of Competition under FTC § 5: Beyond the Sherman Act and an Ex Post Model of Enforcement
Authors: Peritz Rudolph J.R.
Published: February 2015

The Federal Trade Commission is an agency that is independent of the executive branch but not of the judiciary. Although the courts have recognized expansive Commission authority, they have too often applied Sherman Act standards as if the Commission were the Antitrust Division. Three Commission losses from the 1980s retain undue influence although both the times and the Commission have changed.

Unlike the Antitrust Division, the Commission has a mandate to push past the antitrust laws. Its institutional advantage lies in investigation and innovation, not in enforcement ex post. Its mission is to work at the cutting edge of economic theory, to engage in research and development of competition policy at the forefront of changing commercial circumstances.

The article intends, first, to defuse the lingering in terrorem effects of the 1980s decisions and, second, to propose six initiatives for a bold Commission. Everything proceeds from the view that the Commission under section 5 of the Federal Trade Commission Act should enjoin conduct that is likely to displace the process of competition on the merits without legitimate business justification.
Democracy or Dagher? What Liberals Would Want
Authors: Curran William J.
Published: February 2015

Although corporate capitalism and democracy can never be made compatible, it is corporate capitalism, not democracy, that the present Supreme Court strains to accommodate. Dagher illustrates how the Court strained through a logic of corporate capitalism to accommodate two competing petroleum firms so they could legally conspire through their cartel to eliminate nationwide and some global competition, in part by forming two joint ventures through which the firms fixed prices of their respective products and managed their production and marketing. Through decisions like Dagher, the Court threatens a liberally conceived—but largely illusory—democratic marketplace of competitive prices, as the Court will likely continue its assault against the antitrust laws and its per se rule and destroy legal principles that favor an authentically democratic economic system and provide defenses against corporate capitalism in democracy's struggles with corporate incompatibilities.
Known Unknowns: Uncertainty and its Implication for Antitrust Policy and Enforcement in the Standard-Setting Context
Authors: Hoffman D. Bruce , Simons Joseph J.
Published: February 2015

This article analyzes unilateral misconduct in standard-setting organizations, including in particular various forms of patent hold-up. The authors identify uncertainties facing agencies and courts reviewing such conduct and describe certain analytical frameworks that agencies can use to determine whether enforcement action is appropriate in a particular case. The article examines three key “unknowns”: whether a standard-setting process was abused or misused in some way; whether such misconduct, if any, had a significant adverse effect on competition; and what remedy, if any, would cure such competitive harm. The authors argue that agencies and courts should protect the reasonable expectations of other participants in the standard-setting process, should adopt a practical approach (a “substantial contribution” test) to problems of causation raised by misconduct in the standard-setting arena, and should favor compulsory licensing as a presumptive remedy in standard-setting cases, reserving others (such as disgorgement) for unusual cases in which compulsory licensing fails adequately to deter or remedy anticompetitive misconduct.
Markets in Merger Analysis
Authors: Hovenkamp Herbert
Published: February 2015

Antitrust merger policy suffers from a disconnect between its articulated concerns and the methodologies it employs. The Supreme Court has largely abandoned the field of horizontal merger analysis, leaving us with ancient decisions that have never been overruled but whose fundamental approach has been ignored or discredited. Only within the last generation has econometrics developed useful techniques for estimating the price impact of specific mergers in differentiated markets. Although the Supreme Court's Brown Shoe decision required a market definition, the Court was not thinking of a relevant market as a grouping of sales capable of being monopolized or cartelized. The perceived injury in Brown Shoe was not collusion, but rather that the postmerger firm would acquire a competitive advantage over its competitors. Indeed, Brown Shoe was a “unilateral effects” case in the sense that its concern was with the likelihood that the postmerger firm would be able to undersell other firms within the same market.
Leegin and its Progeny: Implications for Internet Commerce
Authors: Comanor William S.
Published: February 2015

Retailing involves more than merely reselling products; it also provides product information to consumers. Product information can be offered by salespeople at conventional retailers and electronically by Internet retailers, or by a product's manufacturer through extensive advertising. Outcomes depend on who provides consumers with this information. This issue has strong implications for antitrust policy towards manufacturer-distributor relationships. The message of the recent Leegin decision was that vertical price restraints should be evaluated under the rule of reason. That message however is largely vacuous without more detail because it merely shifts the issue to what should be the criteria for different outcomes. I review here the antitrust case brought against Babies “R” Us, the leading retailer of various baby products. That case was the first application of the Leegin decision and suggests a path for future antitrust jurisprudence dealing with interactions between manufacturers and both conventional and Internet retailers.
Retail Free Riding: The Case of the Wallpaper Industry
Authors: Doane Michael J. , Farris Paul W. , Kucuk S. Umit , Maddux Robert C.
Published: February 2015

Many businesses require multichannel strategies to provide the services that consumers desire. However, channel conflict often frustrates the strategies of manufacturers selling through full- and limited-service retailers. The wallpaper industry presents a data-rich opportunity to document, over more than a thirty-year period, the responses of full-service retailers to the entry of limited-service retailers and the difficulties of manufacturers selling through both. We also review the marketing literature on the challenges of limiting distribution to “optimal coverage.” After the entry of free riding 1–800 dealers, we show that full-service dealers cut back important services and decreased service-oriented advertising, likely contributing to the sharp decline in wallpaper retailers and consumer purchases. However, we are unable to control for shifts in consumer preferences during the period of our study. Thus, our case study also highlights the empirical challenges of isolating the effects of free riding on industry output when consumer tastes change.
Stopping a Train: Why it is So Difficult for a Private Plaintiff to Block a Deal
Authors: Stempel Scott A. , Rich Jonathan M. , Schiffer Daniel A.
Published: February 2015

Section 16 of the Clayton Act gives private plaintiffs the right to seek an injunction blocking a merger or acquisition that violates section 7 of the Clayton Act, but today such a remedy exists more as a theoretical possibility. Section 7 began as a little-used statute with no clear standard of illegality. It then evolved into a potent tool for private parties seeking protection from economic harm, regardless of the impact on competition, until the Supreme Court imposed a requirement that competitors must establish antitrust standing. The result was an almost insurmountable hurdle because competitors are more likely to be beneficiaries than victims of any anticompetitive effects. Consumers are also poor plaintiffs because their injuries usually can be redressed with monetary damages and, therefore, they do not require injunctive relief.
Contested Mergers in Canada: The Tiger in the Cage
Authors: Soloway Julie , Ju Jennifer
Published: February 2015

Canada adopted a sophisticated merger review regime in 1986, but contested mergers remain a rarity. Nevertheless, the specter of merger litigation influences most complex merger reviews. Indeed, actual litigation is merely the tip of the iceberg. The prospect of litigation and the discipline it brings to the process influence all but the simplest cases. This article explains the Canadian merger review paradigm, including judicial oversight. It also provides a summary of the litigated merger cases and explains the significance of a recent case involving hazardous waste disposal in British Columbia to the tactical and strategic decisions operating in mergers that may seriously affect competition. Finally, this article provides insights as to why so few mergers are litigated in Canada as compared to the United States.
Merger Litigation in the United Kingdom
Authors: O'Regan Matthew , Jefferson Ruth
Published: February 2015

Although the number of challenges to merger decisions is low, the jurisprudence of the Competition Appeal Tribunal (CAT) and the Court of Appeal has contributed significantly to the United Kingdom's administrative system of merger control. This article outlines the structure of merger control in the United Kingdom, including the jurisdiction, functions, procedures, and responsibilities of the Office of Fair Trading and the Competition Commission, as well as the application of the substantive “substantial lessening of competition” test. It also summarizes the specific assessment of the limited number of mergers that may raise public interest issues. This article then examines in detail the judicial supervision by the CAT and Court of Appeal, the nature of judicial review, and an in-depth assessment of key judgments in merger cases.
Constitutional Challenges to Dodd-Frank
Authors: Rabinovitch Arielle
Published: February 2015

This article examines arguments against the constitutionality of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, specifically, arguments concerning the separation of powers, the Takings Clause, and the First Amendment. The article is divided into three sections in order to strategically discuss the three issues, the main arguments in favor of each one, and the consequences of the possible unconstitutionality. Arguments concerning the separation of powers contend that Dodd-Frank is problematic from the perspective of the nondelegation doctrine, the Appointments Clause, and Article III. Arguments concerning the Takings Clause are based on substantive challenges to constitutionality. The third argument against the constitutionality of Dodd-Frank examines a First Amendment challenge to section 1502 of the Act, which has been criticized on substantive constitutional grounds. The conclusion briefly examines remedies and discusses the future of Dodd-Frank.
Monopolization and Abuse of Dominance: Why Europe is Different
Authors: Fox Eleanor M.
Published: February 2015

The U.S. law of monopolization and the EU law of abuse of dominance share some common ground. The projects for convergence, however, have tended to obscure some basic differences. Each set of laws grows from its own roots and lives in its own “house” of institutions and value sets. Convergence is more apparent at the agency level, while distinctiveness is unmistakable at the level of the highest court of each jurisdiction. More than twenty-five years ago, there was a significant gap at the high court level between the U.S. and the EU law governing dominance. Over this quarter century, EU law has moved toward more appreciation of outcome-focused economics while preserving other Community perspectives, values, and objectives. Nonetheless, perhaps surprisingly, the size of the gap remains approximately the same, due to the significant movement of U.S. law in the direction of nonintervention. This article identifies precisely the points of divergence, in the interests of knowledge and awareness, while supporting the projects of convergence, in the interests of nurturing a sympathy of systems.
Asymposium on the Implications of Recent Merger Litigation for Market Definition
Authors: Coate Malcolm B. , Bernard Kent
Published: February 2015

This article provides an overview of the papers in the Antitrust Bulletin's Market Definition symposium. Four styles of market analysis, each represented by a different merger decision are presented, with two articles on each topic, one in general agreement with the court case and the other providing alternative perspectives for the decision. Simple models of competition suffice for the straightforward investigations; however, careful institutional analysis is necessary to determine if the standard models implicit in the Merger Guidelines can be directly applied in complicated cases. As different economists often interpret data in different ways, antitrust regulators must expect a range of perspectives to be presented in any given case.
The Importance of Substitution in Assessing Health Care Provider Mergers
Authors: Wendling Brett W. , Wilson Nathan E.
Published: February 2015

As the number of challenged health care mergers has risen, so too has interest in the tools used to assess market power in health care markets. Some have expressed concern about the differences between the analytical methodology used in healthcare markets and the methods commonly used in other industries. We argue that, whatever the market, antitrust analysis's underlying goal should be to understand substitution patterns between the merging parties. The methods used to address the unique institutional features of healthcare markets should wax (or wane) with their ability to address that fundamental issue. Although the suite of tools used by enforcers to assess the consequences of health care mergers remains a work in progress, at present, analyses that employ diversion ratios and willingness-to-pay capture substitution patterns better than alternatives and represent the state of the art.
Market Definition in Differentiated Goods When the Final Consumer Buys the Good: Insights from the H&R Block Case
Authors: Coate Malcolm B.
Published: February 2015

This article addresses the development of market definition analysis in three recent merger cases: Staples, Whole Foods, and H&R Block. The discussion traces the evolution of the market concept from the naïve Brown Shoe criteria to the price discrimination analysis implicit in Staples to the current application of diversion theory in the H&R Block case. By replacing fact with theory, the diversion approach to market definition runs the risk of returning to the world of Brown Shoe. Additional discussion of H&R Block suggests that price discrimination remains relevant and could have been developed through further factual study. Moreover, even if theory is used to define a narrow market, the analyst must address a range of entry issues before concluding that the merger is likely to substantially lessen competition.
Is Complexity in Antitrust a Virtue? The Accuracy-Simplicity Tradeoff
Authors: Brennan Timothy J.
Published: February 2015

With the increasing technical sophistication in economic theory and econometric estimation, antitrust assessments have become increasingly complex. Calls to incorporate additional considerations such as business strategy, managerial acumen, externalities, and consumer error would add to this complexity. Such technical advancements and added dimensions to assessments come at a cost. Business managers require expensive legal and economic consultation to ascertain if a proposed practice, merger, or venture may violate the antitrust laws. Judges and juries face similar difficulties in determining liability. The pendulum perhaps should shift back toward simplicity. Simplicity is consistent with different views regarding strict or loose concentration standards, the role of intent, or criteria for per se legality or illegality of various practices. Recognizing simplicity may reopen historical debates over whether economic welfare or other considerations—political power, the right to ply one's trade, the “competitive process” —should define the objectives of a more easily comprehended antitrust law.
Dominance Thresholds: A Cautionary Note
Authors: Herman Douglas A. , Ulrick Shawn W. , Sacher Seth B.
Published: February 2015

As a threshold matter, high market shares are considered informative of potential underlying competitive dynamics, especially issues of market power and dominance. However, as is well known, high shares may not tell the entire story. Beyond issues related to market definition, entry, and efficiencies, this article notes an additional reason why caution may be warranted before drawing conclusions about dominance or market power from share evidence. Specifically, such conclusions can be statistically unsupportable in the presence of small sample issues. In markets with relatively few transactions (that is, “thinly” traded markets), the implications of observed high market shares are much less clear than in more thickly traded markets. It is entirely possible that situations that appear to implicate a dominant firm actually reflect pure random chance in a competitive process involving equally matched or nondominant firms. This article discusses theories and methods for distinguishing between outcomes that exhibit strong statistical evidence of dominance as opposed to those that merely reflect the random distribution of winnings among nondominant firms.
Correlates of electroencephalographic resting states and erythrocyte membrane docosahexaenoic and eicosapentaenoic acid levels in individuals at ultra-high risk of psychosis
Authors: Lavoie Suzie , Whitford Thomas J , Benninger Franz , Feucht Martha , Kim Sung-Wan , Klier Claudia M , McNamara Robert K , Rice Simon , Schäfer Miriam R , Amminger G Paul
Published: February 2015

Objective:

Abnormal levels of polyunsaturated fatty acids (PUFAs) have been reported in individuals suffering from schizophrenia. The main aim of the present study was to investigate the relationship between erythrocyte membrane fatty acid levels and resting-state brain activity occurring in individuals at ultra-high risk (UHR) of psychosis.

Method:

The association between erythrocyte membrane fatty acids levels and resting-state brain activity and its value in predicting psychosis was examined in 72 UHR individuals.

Results:

In the frontal area, the activity in the fast frequency band Beta2 was positively associated with docosahexaenoic acid (DHA) levels (R = 0.321, P = 0.017), and in the fronto-central area, Beta2 activity showed a positive correlation with eicosapentaenoic acid (EPA) levels (R = 0.305, P = 0.009), regardless of psychosis transition status. Conversely, the slow frequency band Theta was significantly negatively associated with EPA levels in the parieto-occipital region (R = −0.251, P = 0.033. Results also showed that Alpha power was negatively correlated with DHA levels in UHR individuals who did not transition to psychosis, while this correlation was not present in individuals who later transitioned.

Conclusion:

Our results suggest that individuals at UHR for psychosis who have higher basal omega-3 fatty acids levels present with resting EEG features associated with better states of alertness and vigilance. Furthermore, the improvement in the Alpha synchrony observed along with increased DHA levels in participants who did not transition to psychosis is disturbed in those who did transition. However, these interesting results are limited by the small sample size and low statistical power of the study.