bluuebunny/crossref_metadata_2025 huggingface dataset:
Analyse zweier transformativer Forschungsprojekte
Authors: Schleicher Katharina
Published: March 2021

In diesem Kapitel werden zwei Fälle transformativer Forschung im Hinblick auf die aus dem diskursiven Institutionalismus herausgearbeiteten Kriterien bezüglich der Arten von Ideen, Akteur*innen, Strategien und Rahmenbedingungen untersucht. Die Analyse kommt zu dem Ergebnis, dass die Wissenschaftler*innen als institutionelle Unternehmer*innen in lokalen Netzwerken agierten und innerhalb des Untersuchungszeitraumes von drei Jahren bereits neue Diskurse anstoßen konnten. Besonders wenn sie an vorhandene Krisenwahrnehmungen anknüpfen konnten und über gute Netzwerke verfügten, konnten sie erste Veränderungen bewirken. Die neuen Paradigmen, die Grundlage einer umweltverträglichen Gesellschaft ohne den Anspruch dauerhaften Wirtschaftswachstums sein sollten, wurden jedoch kaum verbreitet und eine Transformation konnte bislang keiner der beiden Fälle anstoßen.
Way Forward
Authors: Gulati Ashok , Saini Shweta
Published: March 2021

While the chapters until now in this book tell us about what the situation is and what explains the situation, this chapter builds on these and proposes suggestions for the future.
Drivers of Agricultural Growth in Odisha
Authors: Hoda Anwarul , Gulati Ashok , Wardhan Harsh , Rajkhowa Pallavi
Published: March 2021

Odisha is the ninth largest state in India with a share of 4.7% of India’s total landmass. In terms of population, it is the eleventh largest comprising 3.47% of India’s total population, of which more than 83% is rural (Census 2011).
Correction to: Regulation of retinal membrane guanylyl cyclase (RetGC) by negative calcium feedback and RD3 protein
Authors: Dizhoor Alexander M. , Peshenko Igor V.
Published: March 2021

A Correction to this paper has been published: 10.1007/s00424-021-02547-w
The Return of the Native
Authors: Hardy Thomas
Published: March 2021

This is the first complete scholarly edition of one of Hardy's greatest novels. The Return of the Native engages ambitiously with contemporary ideas and problems of existence, and would go on to become one of the major 'Wessex novels'. When composed in 1878, however, Hardy's Wessex did not yet exist, and this edition, which is based on meticulous analysis of Hardy's holograph manuscript and every significant print edition of the novel to appear in his lifetime, situates The Return of the Native within the historical context of its first publication, encouraging readers to trace its evolution over the following four decades. Tim Dolin provides a wealth of supporting materials, including an original, authoritative text, comprehensive annotation, commentary and glossary, and illustrated appendices of both Arthur Hopkins's illustrations and the topography of Egdon Heath, thus creating an invaluable tool for students and scholars of Hardy and nineteenth-century literature alike.
Linear response of the Greenland ice sheet's tidewater glacier terminus positions to climate
Authors: Fahrner Dominik , Lea James M. , Brough Stephen , Mair Douglas W. F. , Abermann Jakob
Published: March 2021

Gaining knowledge of tidewater glacier (TWG) margin evolution, solid ice flux and their responses to climate over large spatio-temporal scales provides valuable context for the projection of future Greenland ice sheet (GrIS) change. Although studies of sector-wide responses of TWGs exist, studies at an ice-sheet-wide scale have only just become feasible. Here, we present a dataset of 224 annual TWG margins for 1984–2017 (n= 3801), showing that averaged over regional scales, normalised terminus change is linear. Regionally linear retreat trends were identified across most sectors of the GrIS starting in the mid-1990s, although in contrast to previous studies, the northeastern sector is shown to have experienced sustained retreat since the mid-1980s. Through cointegration analyses, individual glaciers are shown to have differing sensitivities to potential climate drivers, though on a sector-wide scale the northwest and southeast are shown to be especially sensitive to annual sea surface temperature and June–July–August air temperature, respectively. Although 92% of the analysed glaciers experience retreat across the GrIS, observed increases in absolute flux for the entire ice sheet can be explained by changes in just 11 of these TWGs.
Australian square kilometre array pathfinder: I. system description
Authors: Hotan A. W. , Bunton J. D. , Chippendale A. P. , Whiting M. , Tuthill J. , Moss V. A. , McConnell D. , Amy S. W. , Huynh M. T. , Allison J. R. , Anderson C. S. , Bannister K. W. , Bastholm E. , Beresford R. , Bock D. C.-J. , Bolton R. , Chapman J. M. , Chow K. , Collier J. D. , Cooray F. R. , Cornwell T. J. , Diamond P. J. , Edwards P. G. , Feain I. J. , Franzen T. M. O. , George D. , Gupta N. , Hampson G. A. , Harvey-Smith L. , Hayman D. B. , Heywood I. , Jacka C. , Jackson C. A. , Jackson S. , Jeganathan K. , Johnston S. , Kesteven M. , Kleiner D. , Koribalski B. S. , Lee-Waddell K. , Lenc E. , Lensson E. S. , Mackay S. , Mahony E. K. , McClure-Griffiths N. M. , McConigley R. , Mirtschin P. , Ng A. K. , Norris R. P. , Pearce S. E. , Phillips C. , Pilawa M. A. , Raja W. , Reynolds J. E. , Roberts P. , Roxby D. N. , Sadler E. M. , Shields M. , Schinckel A. E. T. , Serra P. , Shaw R. D. , Sweetnam T. , Troup E. R. , Tzioumis A. , Voronkov M. A. , Westmeier T.
Published: March 2021

In this paper, we describe the system design and capabilities of the Australian Square Kilometre Array Pathfinder (ASKAP) radio telescope at the conclusion of its construction project and commencement of science operations. ASKAP is one of the first radio telescopes to deploy phased array feed (PAF) technology on a large scale, giving it an instantaneous field of view that covers$31\,\textrm{deg}^{2}$at$800\,\textrm{MHz}$. As a two-dimensional array of 36$\times$12 m antennas, with baselines ranging from 22 m to 6 km, ASKAP also has excellent snapshot imaging capability and 10 arcsec resolution. This, combined with 288 MHz of instantaneous bandwidth and a unique third axis of rotation on each antenna, gives ASKAP the capability to create high dynamic range images of large sky areas very quickly. It is an excellent telescope for surveys between 700 and$1800\,\textrm{MHz}$and is expected to facilitate great advances in our understanding of galaxy formation, cosmology, and radio transients while opening new parameter space for discovery of the unknown.
Combined protective effects of icariin and selenomethionine on novel chronic tubulointerstitial nephropathy models in vivo and in vitro
Authors: Hou Lili , Lin Ziman , Xu Anyuan , Le Guannan , Ge Lei , Liu Shuiping , Muhmood Azhar , Gan Fang , Huang Kehe
Published: March 2021

Chronic tubulointerstitial nephropathy (CTIN) is one of the most common kidney diseases. However, treatment for CTIN has multiple limits. Adjuvant therapy through nutritional regulation has become a hot research topic at present. Icariin (ICA), an extraction of Chinese herbal medicine epimedium, has many pharmacological functions including anti-inflammation and tonifying kidney. Selenomethionine (SeMet) possesses the effects of antioxidant and lightening nephrotoxicity. However, little is known about the combined nephroprotection of them. This study was investigated to evaluate the joint effects of ICA and SeMet on CTIN and explore the mechanism. Based on a novel CTIN model developed in our previous study, mice were randomly divided into five groups (a: control; b: model; c: model + ICA; d: model + SeMet; e: model + ICA + SeMet). Renal tubule epithelial cells were treated with cyclosporine A and ochratoxin A without/with ICA or/and SeMet. The results showed that ICA or/and SeMet ameliorated CTIN by inhibiting the uptrends of blood urine nitrogen, serum creatinine, urine protein, urine gravity, histopathological damage degree and collagen I deposition. ICA or/and SeMet also increased cell proliferation and decreased apoptosis and the expression of transforming growth factor-beta 1 and α-smooth muscle actin. Emphatically, ICA and SeMet joint had better nephroprotection than alone in most indexes including fibrosis. Furthermore, ICA and SeMet joint decreased the activation of toll-like receptor 4 (TLR4)/NFκB pathway induced by CTIN. TLR4 overexpression counteracted the joint protection of ICA and SeMet. Therefore, ICA and SeMet in combination could protect against CTIN through blocking TLR4/NFκB pathway. The study will provide novel insights to explore an adjuvant therapeutic orientation.
Comparison between patient-reported and clinician-reported outcomes: Validation of the Japanese version of the Integrated Palliative care Outcome Scale for staff
Authors: Sakurai Hiroki , Miyashita Mitsunori , Morita Tatsuya , Naito Akemi Shirado , Miyamoto Shingo , Otani Hiroyuki , Nozato Junko , Yokomichi Naosuke , Imai Kengo , Oishi Ai , Kizawa Yoshiyuki , Matsushima Eisuke
Published: March 2021

Objectives

The goal of palliative and supportive care is to improve patients’ quality of life (QoL). Patient-reported outcome measures (PROMs) are the gold standard for the assessment of QoL and symptoms; however, when self-reporting is complicated, PROMs are often substituted with proxy-reported outcome measures, such as clinician-reported outcome measures. The objective of this study was to assess the validity and reliability of the Japanese version of the Integrated Palliative care Outcome Scale (IPOS) for staff (IPOS-Staff).

Methods

This multicenter, cross-sectional observational study was conducted concurrently with the validation of the IPOS for patients (IPOS-Patient). Japanese adult patients with cancer and their staff were recruited. We assessed the characteristics of the patients and staff members, missing values, prevalence, and total IPOS scores. For the analysis of criterion validity, intra-rater, and inter-rater reliability, we calculated intraclass correlations (ICCs).

Results

One hundred and forty-three patients completed the IPOS-Patient, and 79 medical staff members completed the IPOS-Staff. The most common missing values from IPOS-Staff were Family Anxiety (3.5%) and Sharing Feelings (3.5%). Over half of the patients scored themselves moderate or worse for Poor Mobility, Anxiety, and Family Anxiety, while staff members scored patients moderate or worse for Weakness, Anxiety, and Family Anxiety. For criterion validity (patient–staff agreement) as well as intra-rater and inter-rater reliability, ICCs ranged from 0.114 (Sharing Feelings) to 0.826 (Nausea), 0.720 (Anxiety) to 0.933 (Nausea), and −0.038 (Practical Problems) to 0.830 (Nausea), respectively.

Significance of results

The IPOS-Staff is easy to respond to; it has fair validity and reliability for physical items but poor for psycho-social items. By defining the context and objectives of its use and interpretation, the IPOS-Staff can be a useful tool for measuring outcomes in adult patients with cancer who cannot complete self-evaluations.
Origin of chert in the Upper Ordovician–Lower Silurian: implications for the sedimentary environment of North Qilian Orogen
Authors: HOU Qian , MOU Chuanlong , HAN Zuozhen , GE Xiangying , WANG Qiyu
Published: March 2021

During the Upper Ordovician–Lower Silurian, chert was widely distributed in the Zhongbao Formation in the eastern part of the North Qilian Orogen. The origin and the tectonic setting of these chert were largely unknown. In order to analyse the material provenance, sedimentary environment, their formation and the tectonic setting, we present petrology and geochemical research on chert samples collected from Shihuigou Section. The evidence provided by radiolarite occurrences, Aluminium (Al)–iron (Fe)–manganese diagram and the silicon(Si)/Si + Al + Fe + calcium ratios suggesting a non-hydrothermal input and the biogenic origin chert. The geochemical features and the petrographic signatures have shown that the chert was also influenced by a terrigenous origin. It is considered that the deposition of the Late Ordovician chert is mainly affected by tectonic collision and volcanic ash events. During the Late Ordovician–Early Silurian transition, huge amounts of volcanic ash were released by massive volcanic activity that fell into the ocean, triggering the proliferation of radiolarians. Finally, in the Late Ordovician–Lower Silurian the tectonic setting of the North Qilian Orogen was not a typical deep-water basin, nor a typical continental margin, but a multi-island deep-water basin, which is closed to the mainland.
Characterization of Groundwater Recharge and Flow in California's San Joaquin Valley From InSAR‐Observed Surface Deformation
Authors: Neely Wesley R. , Borsa Adrian A. , Burney Jennifer A. , Levy Morgan C. , Silverii Francesca , Sneed Michelle
Published: March 2021

Surface deformation in California's Central Valley (CV) has long been linked to changes in groundwater storage. Recent advances in remote sensing have enabled the mapping of CV deformation and associated changes in groundwater resources at increasingly higher spatiotemporal resolution. Here, we use interferometric synthetic aperture radar (InSAR) from the Sentinel‐1 missions, augmented by continuous Global Positioning System (cGPS) positioning, to characterize the surface deformation of the San Joaquin Valley (SJV, southern two‐thirds of the CV) for consecutive dry (2016) and wet (2017) water years. We separate trends and seasonal oscillations in deformation time series and interpret them in the context of surface and groundwater hydrology. We find that subsidence rates in 2016 (mean −42.0 mm/yr; peak −345 mm/yr) are twice that in 2017 (mean −20.4 mm/yr; peak −177 mm/yr), consistent with increased groundwater pumping in 2016 to offset the loss of surface‐water deliveries. Locations of greatest subsidence migrated outwards from the valley axis in the wetter 2017 water year, possibly reflecting a surplus of surface‐water supplies in the lowest portions of the SJV. Patterns in the amplitude of seasonal deformation and the timing of peak seasonal uplift reveal entry points and potential pathways for groundwater recharge into the SJV and subsequent groundwater flow within the aquifer. This study provides novel insight into the SJV aquifer system that can be used to constrain groundwater flow and subsidence models, which has relevance to groundwater management in the context of California's 2014 Sustainable Groundwater Management Act (SGMA).
Quick sequential organ failure assessment versus systemic inflammatory response syndrome criteria for emergency department patients with suspected infection
Authors: Shiraishi Atsushi , Gando Satoshi , Abe Toshikazu , Kushimoto Shigeki , Mayumi Toshihiko , Fujishima Seitaro , Hagiwara Akiyoshi , Shiino Yasukazu , Shiraishi Shin-ichiro , Hifumi Toru , Otomo Yasuhiro , Okamoto Kohji , Sasaki Junichi , Takuma Kiyotsugu , Yamakawa Kazuma , Hanaki Yoshihiro , Harada Masahiro , Morino Kazuma
Published: March 2021

Previous studies have shown inconsistent prognostic accuracy for mortality with both quick sequential organ failure assessment (qSOFA) and the systemic inflammatory response syndrome (SIRS) criteria. We aimed to validate the accuracy of qSOFA and the SIRS criteria for predicting in-hospital mortality in patients with suspected infection in the emergency department. A prospective study was conducted including participants with suspected infection who were hospitalised or died in 34 emergency departments in Japan. Prognostic accuracy of qSOFA and SIRS criteria for in-hospital mortality was assessed by the area under the receiver operating characteristic (AUROC) curve. Of the 1060 participants, 402 (37.9%) and 915 (86.3%) had qSOFA ≥ 2 and SIRS criteria ≥ 2 (given thresholds), respectively, and there were 157 (14.8%) in-hospital deaths. Greater accuracy for in-hospital mortality was shown with qSOFA than with the SIRS criteria (AUROC: 0.64 versus 0.52, difference + 0.13, 95% CI [+ 0.07, + 0.18]). Sensitivity and specificity for predicting in-hospital mortality at the given thresholds were 0.55 and 0.65 based on qSOFA and 0.88 and 0.14 based on SIRS criteria, respectively. To predict in-hospital mortality in patients visiting to the emergency department with suspected infection, qSOFA was demonstrated to be modestly more accurate than the SIRS criteria albeit insufficiently sensitive.

Clinical Trial Registration: The study was pre-registered in the University Hospital Medical Information Network Clinical Trials Registry (UMIN000027258).
Alkalinity–silicon ratio as an assessment factor for the efficiency of silicate slags in wetland rice
Authors: Sandhya Thoppil Sreenivasan , Prakash Nagabovanalli Basavarajappa
Published: March 2021

Silicate slags are one of the most widely used silicon (Si) source in agriculture. Even though the agronomic significance of slags has been demonstrated in several crops, only a few attempts were made to evaluate these Si sources based on their chemical composition. The main objective of this study was to characterize different silicate slags based on their chemical properties and to explore the effect of these chemical properties on the yield, and Si uptake in wetland rice, and dissolution of Si into the soil. Slags were characterised for pH, calcium and magnesium content (alkalinity, A), silicon content, 5 day Na2CO3 + NH4NO3 extractable Si content, and alkalinity to Si ratio (A/Si). Greenhouse and incubation experiments were also conducted using different silicate slags and wollastonite applied at the rate of 300 kg Si ha−1. Slags with A/Si < 3 were found to be ideal Si sources for the economic production of wetland rice and found consistent in increasing soil Si content and rice Si uptake. We conclude that the A/Si ratio of slags can be used as an important parameter to assess the agronomic efficiency of silicate slags in wetland rice.
Structure and evolution of the bifidobacterial carbohydrate metabolism proteins and enzymes
Authors: Fushinobu Shinya , Abou Hachem Maher
Published: March 2021

Bifidobacteria have attracted significant attention because they provide health-promoting effects in the human gut. In this review, we present a current overview of the three-dimensional structures of bifidobacterial proteins involved in carbohydrate uptake, degradation, and metabolism. As predominant early colonizers of the infant's gut, distinct bifidobacterial species are equipped with a panel of transporters and enzymes specific for human milk oligosaccharides (HMOs). Interestingly, Bifidobacterium bifidum and Bifidobacterium longum possess lacto-N-biosidases with unrelated structural folds to release the disaccharide lacto-N-biose from HMOs, suggesting the convergent evolution of this activity from different ancestral proteins. The crystal structures of enzymes that confer the degradation of glycans from the mucin glycoprotein layer provide a structural basis for the utilization of this sustainable nutrient in the gastrointestinal tract. The utilization of several plant dietary oligosaccharides has been studied in detail, and the prime importance of oligosaccharide-specific ATP-binding cassette (ABC) transporters in glycan utilisations by bifidobacteria has been revealed. The structural elements underpinning the high selectivity and roles of ABC transporter binding proteins in establishing competitive growth on preferred oligosaccharides are discussed. Distinct ABC transporters are conserved across several bifidobacterial species, e.g. those targeting arabinoxylooligosaccharide and α-1,6-galactosides/glucosides. Less prevalent transporters, e.g. targeting β-mannooligosaccharides, may contribute to the metabolic specialisation within Bifidobacterium. Some bifidobacterial species have established symbiotic relationships with humans. Structural studies of carbohydrate-utilizing systems in Bifidobacterium have revealed the interesting history of molecular coevolution with the host, as highlighted by the early selection of bifidobacteria by mucin and breast milk glycans.
A high-throughput method for measuring critical thermal limits of leaves by chlorophyll imaging fluorescence
Authors: Arnold Pieter A. , Briceño Verónica F. , Gowland Kelli M. , Catling Alexandra A. , Bravo León A. , Nicotra Adrienne B.
Published: March 2021

Plant thermal tolerance is a crucial research area as the climate warms and extreme weather events become more frequent. Leaves exposed to temperature extremes have inhibited photosynthesis and will accumulate damage to PSII if tolerance thresholds are exceeded. Temperature-dependent changes in basal chlorophyll fluorescence (T-F0) can be used to identify the critical temperature at which PSII is inhibited. We developed and tested a high-throughput method for measuring the critical temperatures for PSII at low (CTMIN) and high (CTMAX) temperatures using a Maxi-Imaging fluorimeter and a thermoelectric Peltier plate heating/cooling system. We examined how experimental conditions of wet vs dry surfaces for leaves and heating/cooling rate, affect CTMIN and CTMAX across four species. CTMAX estimates were not different whether measured on wet or dry surfaces, but leaves were apparently less cold tolerant when on wet surfaces. Heating/cooling rate had a strong effect on both CTMAX and CTMIN that was species-specific. We discuss potential mechanisms for these results and recommend settings for researchers to use when measuring T-F0. The approach that we demonstrated here allows the high-throughput measurement of a valuable ecophysiological parameter that estimates the critical temperature thresholds of leaf photosynthetic performance in response to thermal extremes.
Volitional learning promotes theta phase coding in the human hippocampus
Authors: Pacheco Estefan Daniel , Zucca Riccardo , Arsiwalla Xerxes , Principe Alessandro , Zhang Hui , Rocamora Rodrigo , Axmacher Nikolai , Verschure Paul F. M. J.
Published: March 2021

Significance

While behavioral evidence shows that volitionally controlled learning benefits human memory, little is known about the neural mechanisms underlying this effect. Insights from spatial navigation research in rodents point to the relevance of hippocampal theta oscillations. However, the mechanisms through which theta might support the beneficial effects of active learning in humans are currently unknown. Here, we demonstrate hippocampal theta oscillations increase during volitional learning, promoting a segregation of task-relevant representational signals according to their semantic content. Our results constitute a direct link to the animal literature on hippocampal theta oscillations and its relation to volition and memory processes.
Comparison of three species of Elizabethkingia genus by whole-genome sequence analysis
Authors: Yang Chen , Liu Zhe , Yu Shuai , Ye Kun , Li Xin , Shen Dingxia
Published: March 2021

Elizabethkingia are found to cause severe neonatal meningitis, nosocomial pneumonia, endocarditis and bacteremia. However, there are few studies on Elizabethkingia genus by comparative genomic analysis. In this study, three species of Elizabethkingia were found: E. meningoseptica, E. anophelis and E. miricola. Resistance genes and associated proteins of seven classes of antibiotics including beta-lactams, aminoglycosides, macrolides, tetracyclines, quinolones, sulfonamides and glycopeptides, as well as multidrug resistance efflux pumps were identified from 20 clinical isolates of Elizabethkingia by whole-genome sequence. Genotype and phenotype displayed a good consistency in beta-lactams, aminoglycosides and glycopeptides, while contradictions exhibited in tetracyclines, quinolones and sulfonamides. Virulence factors and associated genes such as hsp60 (htpB), exopolysaccharide (EPS) (galE/pgi), Mg2+ transport (mgtB/mgtE) and catalase (katA/katG) existed in all clinical and reference strains. The functional analysis of the clusters of orthologous groups indicated that ‘metabolism’ occupied the largest part in core genome, ‘information storage and processing’ was the largest group in both accessory genome and unique genome. Abundant mobile elements were identified in E. meningoseptica and E. anophelis. The most significant finding in our study was that a single clone of E. anophelis had been circulating within diversities of departments in a clinical setting for nearly 18 months.
Criterion of Selectivity
Authors: Kreuschitz Viktor , Nehl Hanns Peter
Published: March 2021

This chapter addresses the criterion of selectivity. The need to ascertain the selectivity of a measure in order to determine whether it constitutes a State aid derives directly from the text of Article 107(1) TFEU. Intuitively, it is actually the very fact that a measure favours only some of the market players that makes it apt to undermine the existence of a level playing field. Therefore, the ‘selectivity’ character seems to be conceived as a means by which a given measure distorts or threatens to distort competition. Article 107(1) TFEU seems to exclude from its scope general measures which are not selective but which may nevertheless be capable of distorting or threatening to distort competition; such general measures should not be qualified as a State aid. Therefore, where an anti-competitive effect of a measure is detected, it can be considered as selective only if, in its functioning, it favours certain undertakings or the production of certain goods.
European Structural and Investment Funds and State Aid Control
Authors: Kreuschitz Viktor , Nehl Hanns Peter
Published: March 2021

This chapter looks at the relationship between the European Structural and Investment (ESI) Funds and State aids, two conflicting but often complementary policy areas, both in conceptual but also in practical terms. There is a fundamental uncertainty surrounding the qualification of ‘EU Funds’ as State aids which can be attributed in part to the complex legal contours and administrative structure of the ‘EU Funds’ and the shared management that governs this policy, and in part to the absence of clear rules with respect to the relationship between ESI Funds and State aids. The complex procedures underpinning the ESI Funds have inevitably blurred the lines between the responsibilities and the powers of the EU and the Member States. At the same time, evidence shows that the complex rules that govern the ESI Funds and the constraints imposed by State aid compliance might frustrate EU Cohesion policy purposes.
Aid Exempted from Notification to the Commission: The General Block Exemption Regulation (GBER)
Authors: Kreuschitz Viktor , Nehl Hanns Peter
Published: March 2021

This chapter explores the General Block Exemption Regulation (GBER). Article 108(4) TFEU allows the Commission to issue a regulation exempting Member States from the notification obligation as regards certain categories of aid, provided certain conditions are respected. The Council determines these categories in advance by means of a Regulation adopted on the basis of Article 109 TFEU. In 2008 the Commission adopted the GBER and repealed the previous regulations. In the GBER, the Commission exempted from the notification obligation seven categories of aid, by laying down general and specific compatibility conditions for aid regarding regional development, SMEs, risk capital, research and development, environmental aid, disadvantaged and disabled workers, and training.
The Administrative Procedure—the Privileged Dialogue
Authors: Kreuschitz Viktor , Nehl Hanns Peter
Published: March 2021

This chapter addresses a number of key principles that form the basis of the European Commission's administrative procedures in relation to State aid investigations. The administrative procedure before the Commission is divided into two stages: the preliminary investigation and the full or formal investigation. Both stages of a State aid investigation are conducted essentially as a privileged if not exclusive dialogue between the Member State concerned and the Commission. As such, the role of third parties in State aid investigations is limited to that of a source of information; this has not changed with the recent reforms introduced as part of the Commission's State Aid Modernization (SAM) process. The chapter then offers three possible explanations for the current situation under the following headings: the addressee factor; the dual role of the Commission and the national courts; and finally, what may be referred to as the ‘one size fits all’ approach in the Procedural Regulation.
Recovery of Unlawful Aid and the Role of National Courts
Authors: Kreuschitz Viktor , Nehl Hanns Peter
Published: March 2021

This chapter examines the recovery of unlawful and incompatible State aids, which is one of the cornerstones of free and undistorted competition in the European Union. The repayment of an aid declared unlawful and incompatible with the common market is of utmost importance, as it eliminates the distortion of competition caused by the competitive advantage afforded by the contested aid. In other words, by repaying an unlawful aid, the recipient forfeits the advantage it had enjoyed over its competitors on the market and therefore the previously existing situation is restored; it is common ground in this respect that this objective is attained once the aid in question—increased, where appropriate, by default interests—has been repaid by the recipient.
Belgium
Authors: Cauffman Caroline
Published: March 2021

This chapter examines the transposition of the Antitrust Damages Directive in Belgium. It first considers the transposition procedure, noting Belgium’s Act of 6 June 2017 inserting a Title 3 ‘The action for damages for infringements of competition law’ into Book XVII of the Code of Economic Law, and the role of the Belgian Competition Authority. It then provides an overview of the substantive and temporal scope of the new rules of Book XVII, Title 3 of the Code of Economic Law before discussing terminological differences between the Directive and its transposition. It also explains how the transposition of the Directive facilitates access to documents, and goes on to analyse the effect of decisions of competition authorities, time-barring deadlines, solidary liability, passing-on of overcharges, presumption and quantification of damage by cartels or other antitrust infringements, consensual dispute resolution, collective redress for infringements of competition law, and parent company liability.
Hungary
Authors: Nagy Csongor István
Published: March 2021

This chapter examines the transposition of the Antitrust Damages Directive in Hungary. It begins with an overview of the transposition procedure, focusing on the Hungarian private enforcement landscape and the transposition process. In particular, it considers how the provisions implementing the Directive were built into the Hungarian Competition Act (HCA), creating a special regime that departs in certain aspects from the general principles of Hungarian civil law and civil procedure (e.g., access rules, calculation of damages). The chapter goes on to discuss the scope of the Hungarian implementing provisions as well as specific issues that arose during the transposition, including those relating to time-barring deadlines, binding force of decisions of other Member States, parent company liability, presumption and quantification of damages by cartels or other antitrust infringements, distribution of liability between co-infringers and right of return between co-infringers, access rules, collective redress, and organization of the judicial system.
Transposition: Key Issues and Controversies
Authors: Rodger Barry , Ferro Miguel Sousa , Marcos Francisco
Published: March 2021

This chapter examines how the Member States have addressed most of the key issues and controversies arising from the transposition of the Antitrust Damages Directive within their respective legal systems. It first considers the substantive grounds and conditions for liability, highlighting several legal debates that are likely to arise in the context of liability, such as those relating to fault, the characterization of the type of liability in question and the consequences thereof, and the liability of the parent company. It then discusses joint liability, particularly the liability of immunity recipients and of small to medium-size enterprises, and issues concerning access to evidence, specialized courts that would hear antitrust damages actions, limitation periods, the binding force of public enforcement decisions, the right to full compensation, quantification of harm, passing-on, consensual dispute resolution (settlements and alternative dispute resolution), and collective redress.
Elements of Competition Law Economics
Authors: Geradin Damien , Layne-Farrar Anne , Petit Nicolas
Published: March 2021

This chapter describes the leading schools of thought in regards to competition economics as they have evolved over the years. Classical and neoclassical economists were the first to focus on competition issues. The classical economists saw competition as a behavioural process. Meanwhile, with the neoclassical economists came a structural interpretation of competition. Immediately after the Second World War, competition economics became more normative. The chapter then looks at the methodological aspects of competition economics or, more concretely, the instruments and concepts on which competition economics rely. The main focus of study of competition economics is ‘market power’. Indeed, EU competition rules today are based, if not wholly at least mainly, on the concept of market power. Market power can enable behaviours with pernicious effects on economic efficiency. Thus, economists have designed instruments to help authorities, courts, and undertakings to identify and measure market power and its possible abuses.
Abuse of Dominance
Authors: Geradin Damien , Layne-Farrar Anne , Petit Nicolas
Published: March 2021

This chapter focuses on Article 102 TFEU, which prohibits dominant firms from abusing their dominant position. Two elements need to be present for Article 102 to apply to a given firm conduct: (i) that firm must be dominant on one or several markets and (ii) it must have abused that dominant position. The first step in the assessment of dominance is to define the relevant market(s). Once such markets have been defined, various economic tools can be used to determine the extent to which one or several firms are dominant on them. For Article 102 to apply, it must be demonstrated that the dominant firm has committed one or several abuses on the market(s) in question. Article 102 prohibits two main categories of abuses: exclusionary abuses (Art 102(b) and (d)) and exploitative abuses (Art 102(a)). Article 102 also prohibits certain forms of price discrimination.
Cartels And Other Horizontal Hardcore Restrictions
Authors: Geradin Damien , Layne-Farrar Anne , Petit Nicolas
Published: March 2021

This chapter explores the EU anti-cartel policy. A cartel can be defined as a collective organization whose members make an agreement to suspend competition among themselves. The cartels against which EU competition law takes exception are however slightly different. Whilst Article 101 TFEU takes issue with collective organizations whose purpose is to suspend competition, its primary target are secret organizations, not State-sponsored ones, whose members are undertakings and not government entities. Economists unanimously agree that a cartel produces significant welfare losses, which probably exceed those of a monopoly. A cartel is, in fact, comparable to a collective monopoly. It therefore exhibits all the inefficiencies associated with form of organization: allocative inefficiencies and distributive inefficiencies.
Limitation Periods
Authors: Brealey Mark , George Kyla
Published: March 2021

This chapter discusses the limitation periods applicable to claims for damages, judicial review, and appeals against infringement decisions. It first considers the relevant limitation rules barring competition law infringement claims for loss and damage, with emphasis on rules relating to private actions for claims in the High Court and in the Competition Appeal Tribunal (CAT) based on infringements of competition law occurring before 9 March 2017. Limitation rules applicable to loss and damage resulting from infringements of competition law occurring on or after 9 March 2017 are also examined, along with follow-on proceedings commenced before and after 1 October 2015, and claims based on infringements after 8 March 2017. The chapter concludes with an analysis of the time limit for making appeals and judicial review in the CAT, applying for judicial review in the High Court, commencing arbitral proceedings, and seeking equitable relief.
Strike-Out and Summary Judgment
Authors: Brealey Mark , George Kyla
Published: March 2021

This chapter examines how strike-out and summary judgment are applied by the High Court and the Competition Appeal Tribunal (CAT) for the summary disposal of competition law pleadings. It begins with a discussion of strike-out and summary judgment in the High Court, focusing on how they relate to one another and to amendment, the relevant considerations on a strike-out or on a summary judgment, and the procedure for making an application for summary dismissal. The relevant tests for strike-out and summary judgment are highlighted, and examples of successful and unsuccessful applications are given. The chapter also explains the summary disposal in the CAT before concluding with an overview of the standard of pleadings required to avoid strike-out in the context of competition litigation.
Final Orders
Authors: Brealey Mark , George Kyla
Published: March 2021

This chapter examines issues arising from final orders, the culmination of competition proceedings. It begins with a discussion of when and how an unlawful part of a contract can be severed, along with the effect of severability on an agreement, including restrictive agreements. It also considers the test for severability under English law, the date of assessment for severance, and severance in relation to abuse of dominance and renegotiation clauses. The chapter proceeds by analysing the factors that the High Court take into account in the exercise of its inherent jurisdiction to grant declaratory relief. Finally, it looks at injunctions as a form of final relief, with emphasis on the different types of injunctions and the circumstances in which they may be granted. Prohibitory and mandatory injunctions are highlighted, along with the awarding of damages instead of issuing an injunction.
Funding and Costs
Authors: Brealey Mark , George Kyla
Published: March 2021

This chapter deals with the funding of competition litigation and the rules and principles that govern the recoverability of costs in competition cases. It first considers the different types of funding a competition case, namely ‘after the event insurance’ (ATE), conditional fee arrangements (CFAs), and damages-based agreements (DBAs). It then examines funding for collective actions in the High Court and in the Competition Appeal Tribunal (CAT), voluntary redress schemes, and how competition litigation costs are controlled and assessed in the High Court and in the CAT. Cost orders against non-parties are also discussed, before the chapter concludes with an analysis of offers to settle in the High Court and in the CAT.
Regulating Multinationals
Authors: Muchlinski Peter T
Published: March 2021

This chapter examines the interaction of multinational enterprises (MNEs) with the political communities in which they operate. It first maps the actors involved and identifies their respective roles and interests. The chapter then considers the effects of MNEs on home and host communities and economies. This involves ideological themes that have influenced the regulatory debate not only historically, but also for the present and future. The chapter also explores the principal levels and methods of regulation, discussing the relationship between formal regulation by state bodies and informal regulation by non-state actors; outlining the available sources of regulatory rules and practices; and assessing the choices of legal jurisdiction between the national, bilateral, regional and multilateral levels. Integrated global production, dominated by MNEs, has led to changes in international and national regulatory environments away from ‘investor control’ towards ‘investor promotion and protection’. At the same time, with the end of the Cold War and the disintegration of the socialist system, there appears to be no serious alternative to the corporate capitalism espoused by MNEs, backed up by the ‘neoliberal’ system of market-led globalization. However, recent challenges to the ‘neoliberal’ ascendancy come from economic nationalism and protectionism as well as greater concern for corporate social responsibility and accountability.
Jurisdiction and MNE Regulation
Authors: Muchlinski Peter T
Published: March 2021

This chapter investigates the legal basis for exercising extraterritorial jurisdiction over multinational enterprises (MNEs). The state’s exercise of extraterritorial jurisdiction rests on the international law rules relating to state jurisdiction. A state’s legal jurisdiction can be divided between the jurisdiction to prescribe laws, to adjudicate disputes and to enforce legal orders and judgments. This classification follows the traditional division of governmental authority between legislative, judicial and executive powers, though each branch of government can engage in any of the three. The chapter evaluates the three heads of jurisdiction in turn, relying to a large extent on US practice, which is the most developed in this field. In more recent years, not only the United States, but other global economic powers, have sought to avoid extraterritoriality conflicts though harmonization of regulatory standards and the development of cooperative regulatory structures.
The Concept of Security in International Law
Authors: White Nigel D. , Davies-Bright Auden
Published: March 2021

This chapter traces the development of ‘security’ in international legal discourse from State security, to collective security, to human security, in order to understand whether there has been a change of emphasis or, in fact, a deepening of security. National security focuses on the safety of the nation-State, which necessitates placing national interests over collective interests. Collective security marks a transition in that the more national interests become diluted, the more centralized a response becomes, and the concept of threats to peace and security is broadened to include events within States that have international repercussions. The chapter considers the debates about ‘security’ at a conceptual level, drawing on legal and political literature, and then sets them against developments in practice to see if a conclusion can be drawn on the precise nature and function of ‘security’ in international law. It addresses the question of whether ‘peace’ and ‘security’ are, or should be seen as, norms of international law. The lack of formal legal definition of security signifies that subjective views, particularly intersubjective understandings of security, have facilitated the breakdown of the State–human security divide. The chapter looks at the implications for this as security moves from being the primary purpose of international law and institutions to becoming a primary norm.
Civilian Protection in Armed Conflict
Authors: Droege Cordula , Durham Helen
Published: March 2021

This chapter discusses civilian protection in armed conflicts. Inevitably, all armed conflicts cause suffering for civilians. International humanitarian law (IHL) aims to reduce suffering but as a normative regime it cannot completely address the plight of civilians, which has much broader political, economic, and ideological dimensions. That said, considering that many of the hardships experienced by civilians appear to actually be a direct result of IHL violations, better respect for IHL would indeed lead to better protection for civilians. While contemporary armed conflicts pose a number of challenges to this body of law, the correct application, interpretation, and, where necessary, development of IHL is a valid starting point for increased civilian protection. The chapter offers a brief historical overview of the areas of international law relating to the protection of civilians during times of armed conflict. It then focuses on a number of key challenges facing both the normative regime and the practical application of rules—from denial of civilian status, terrorism, the nature of warfare (asymmetric, urban, and protracted), and the impact of displacement, to new technologies.
States and Non-State Actors and Human Security
Authors: Karavias Markos
Published: March 2021

This chapter examines the role of States and non-State actors in guaranteeing human security. ‘Human security’ as a concept may be seen as methodologically over-inclusive. After all, threats to collective or international security, such as inter-State use of military force, necessarily imperil the security of individuals. For the purposes of the chapter, threats to ‘human security’ are understood as threats to the fundamental human rights of individuals. It is posited that international practice has recognized the interlinking—and potential causal—pathways between gross violations of human rights and threats to international peace. The chapter discusses the traditional dual role of States, as violators and guarantors of human rights. Security offered by States to individuals within their territory is crucial in terms of attaining security at an international level. Indeed, lack of security within the boundaries of a State can have debilitating effects on regional or international peace. The chapter then assesses whether non-State actors can assume a corresponding dual role, looking into the role of multinational enterprises, de facto regimes, and clans through the lens of international human rights and refugee law. Finally, it reframes the category of ‘non-State actors’ more generally and posits that these actors may not be all that detached or different from States in the first place.
Water Security
Authors: Thielbörger Pierre
Published: March 2021

This chapter addresses water security, which is a contested normative concept, without clear definitions, meanings, or interpretations. With this in mind, the term ‘water security’ must be understood in two distinct ways: security through water (meaning individuals’ access to water to sustain their lives and livelihoods) and security against water (meaning the absence of water-related threats, both natural and man-made). The concept of water security as security through water is a tool to guarantee certain minimum standards of water for individuals. This aspect of water security is closely related to the idea of a human right to water as derived from and related to other human rights such as the right to life, an adequate standard of living, and the right to the highest attainable standard of health. However, water can also pose threats. For instance, given its outstanding political and economic significance, the likelihood of ‘water wars’ has been discussed in international law and politics for some time. Special challenges to water security include the widespread privatization of water, climate change as catalyst for future water conflicts and water-related natural disasters, and the often forgotten ‘sanitation gap’.