bluuebunny/crossref_metadata_2025_split huggingface dataset:
Enhancement of antibiotic production by co-cultivation of two antibiotic producing marine Vibrionaceae strains
Authors: Buijs Yannick , Zhang Sheng-Da , Jørgensen Karen Marie , Isbrandt Thomas , Larsen Thomas Ostenfeld , Gram Lone 
Published: March 2021

ABSTRACT
Deciphering the cues that stimulate microorganisms to produce their full secondary metabolic potential promises to speed up the discovery of novel drugs. Ecology-relevant conditions, including carbon-source(s) and microbial interactions, are important effectors of secondary metabolite production. Vice versa secondary metabolites are important mediators in microbial interactions, although their exact natural functions are not always completely understood. In this study, we investigated the effects of microbial interactions and in-culture produced antibiotics on the production of secondary metabolites by Vibrio coralliilyticus and Photobacterium galatheae, two co-occurring marine Vibrionaceae. In co-culture, production of andrimid by V. coralliilyticus and holomycin by P. galatheae, were, compared to monocultures, increased 4.3 and 2.7 fold, respectively. Co-cultures with the antibiotic deficient mutant strains (andrimid− and holomycin−) did not reveal a significant role for the competitor's antibiotic as stimulator of own secondary metabolite production. Furthermore, we observed that V. coralliilyticus detoxifies holomycin by sulphur-methylation. Results presented here indicate that ecological competition in Vibrionaceae is mediated by, and a cue for, antibiotic secondary metabolite production.
“It’s the political economy . . .!” A moment of truth for the eurozone and the EU
Authors: Dani Marco , Chiti Edoardo , Mendes Joana , Menéndez Agustín José , Schepel Harm , Wilkinson Michael A 
Published: March 2021

Abstract
The article discusses the Weiss dispute from a political economy perspective. It first sets this litigation in its wider context, namely the protracted transformation of the Economic and Monetary Union (EMU) over the last decade, a decade which has revealed the structural flaws in its design. It then briefly sketches the changing role of central banking, from a fixation on fighting inflation to a more recent focus on combating deflation. This helps to explain the problematic character of the Weiss rulings and the commentaries they have provoked, illustrating a general failure to consider the limits of law, the result of clinging to different parts of the EMU wreckage, on the assumption that the current constitutional framework remains viable. Finally, the article emphasizes the transformative potential of the Weiss saga. The judicial conflict lays bare the unsustainability of the present arrangements, and reveals the necessity of a choice between genuinely federal integration and coordinated dismantling of EMU.
General Theory on Compatibility of State Aid
Authors: Kreuschitz Viktor , Nehl Hanns Peter 
Published: March 2021

Abstract
This chapter presents a general theory on the compatibility of State aid, considering the relation between general and sectoral regulation and State aid control. State aid control is one of the most important powers of the Commission. The origins of the prohibition of subsidies can be found in Chapter IV, Section C of the Havana Charter for an International Trade Organization of 1947. Due to the lack of ratification by the US Congress, that Charter was abandoned in 1950 and never entered into force. However, the Treaty on European Coal and Steel Community (ECSC) drew a lot of inspiration from the Havana Charter, and established, amongst others, a general prohibition on subsidies or State assistance (Article 4 ECSC). The Spaak report proposed to extend that prohibition to all sectors of the economy. At the same time, it foresaw the possibility to exceptionally authorize State aid, and proposed to confer the power of authorization to the Commission.
Direct Actions and Judicial Review before the Union Courts
Authors: Kreuschitz Viktor , Nehl Hanns Peter 
Published: March 2021

Abstract
This chapter addresses access to justice in the context of centralized enforcement of EU State aid law and judicial review before the Union courts. The subject matter of litigation is State aid measures adopted in particular by the European Commission as the main supervisory body in this field pursuant to Article 108 TFEU. The term ‘access to justice’ is meant to comprise both the various conditions of standing for bringing direct actions against such measures before the General Court (GC), which essentially comprise actions for annulment (Article 263 TFEU), actions for failure to act (Article 265 TFEU), and actions for damages (Article 268 in combination with Article 340(2) TFEU). The chapter also looks at the nature and the types of acts that are possibly subject to judicial review before the GC.
Anti-subsidy Law and Practice of the European Union
Authors: Kreuschitz Viktor , Nehl Hanns Peter 
Published: March 2021

Abstract
This concluding chapter explores EU's anti-subsidy instruments, which are designed to address subsidization by other WTO members. After a hesitant start, the EU since 1995 has progressively used the AS instrument to act against subsidization by third-country governments. While initially focusing on relatively clear-cut export subsidies, over time the EU has more and more also countervailed domestic subsidy programmes. This is clearest in the AS cases initiated against China during the past five years, where the majority of the countervailed programmes have consisted of domestic subsidies. In this context, it is important to note that the findings of specificity reached by the EU in cases concerning China are largely based on the use of facts available, resulting from the imposition of very high burdens of proof on the Chinese government that domestic subsidies in fact are not specific.
Cyprus
Authors: Ioannidou Maria 
Published: March 2021

Abstract
This chapter examines how the Antitrust Damages Directive has been transposed in Cyprus. It begins with a discussion of the transposition procedure, focusing on the Cypriot competition regime as well as the state of private enforcement in Cyprus. In particular, it provides an overview of the law currently in force against anticompetitive agreements and abuse of dominant position, the Protection of Competition Law of 2008 (13(I)/2008), as amended in 2014 (Law 41(I)/2014) (Cypriot Competition Act), and the provisions relevant to private competition law enforcement. The chapter then considers the history and the different steps of the transposition process before describing the scope of the transposition measure. It also analyses the different provisions of the Cypriot Damages Act and issues that arose during the transposition, such as parent company liability, the binding force of decisions of competition authorities of other Member States, and presumption and quantification of damage caused by cartels or other antitrust infringements.
Lithuania
Authors: Malinauskaite Jurgita 
Published: March 2021

Abstract
This chapter discusses the transposition of the Antitrust Damages Directive in Lithuania. It first provides background on the transposition procedure, focusing on the copying method (also known as literal transposition) adopted by the government, the consultation process for the implementation of the Directive, and assessment of the Directive’s impact on the Lithuanian legal system. It then considers the substantive and temporal scope of Lithuania’s revised competition law before concluding with an analysis of specific issues that arose during the transposition, including those relating to the claimants’ right to full compensation, access to evidence and disclosure of evidence, the effect of national decisions and limitation periods for filing civil damages claims, joint and several liability, the passing-on of overcharges, the quantification of harm, and consensual dispute resolution.
The Netherlands
Authors: Kortmann Jeroen , Mineur Simon 
Published: March 2021

Abstract
This chapter focuses on the transposition of the Antitrust Damages Directive in the Netherlands. It first provides a general overview of the transposition procedure, taking into account the Dutch private enforcement context. In particular, it examines how the Directive was transposed into Dutch law, beginning with the Proposal of Law and culminating in the ‘Implementation Act’ that entered into force on 10 February 2017. The chapter goes on to discuss the structural choices made by the Dutch legislature in implementing the Directive's provisions, paying special attention to the scope of the Dutch transposition of the Directive, before analysing specific issues that arose during the transposition, including those relating to the ‘no exemption’ provision for Dutch farmers, limitation periods, effects of National Competition Authorities' final infringement decisions, disclosure and protection of documents, evidentiary presumptions on damage and passing-on, joint and several liability, liability of parent companies, and collective redress.
Spain
Authors: Marcos Francisco 
Published: March 2021

Abstract
This chapter examines the transposition of the Antitrust Damages Directive in Spain. It begins with a general overview of the transposition process, focusing on the Transposition Decree that inserts new articles in the Defence Competition Act of 2007 and in the Civil Procedure Act. It then describes the material, territorial, and temporal scope of the Transposition Decree before analysing the main issues concerning antitrust damages claims affected by the Transposition Decree or that may be relevant in future actions for damages, such as those relating to the jurisdiction of competent courts to decide damages claims based on infringements of competition law, the right to full compensation, joint and several/parental liability, passing-on of the harm and claims by indirect purchasers/suppliers, the limitation period for bringing damages claims, the use of alternative dispute resolution procedures, measures to facilitate claims, and collective claims and consumer redress.
United Kingdom
Authors: Rodger Barry 
Published: March 2021

Abstract
This chapter focuses on the transposition of the Antitrust Damages Directive in the United Kingdom. It first provides a general background on the transposition process, with emphasis on developments in relation to private litigation involving both UK and EU competition law in the UK courts. It then considers the substantive and temporal scope of the UK transposition measure before analysing some of the specific issues concerning implementation of the Directive, such as those relating to limitation periods, binding force of competition authority decisions, disclosure and protection of certain documents/admissability of evidence, presumption of harm and quantification of damages, passing-on defence and indirect purchasers, joint and several liability, parent company liability, consensual dispute resolution, collective redress, litigation costs and funding, and specialised court structure.
Applicable Law
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter discusses the principles that govern the applicable law for cases involving a breach of the competition rules. It begins with an overview of the relevant legal framework applicable to restrictive conduct since 1996, with emphasis on Regulation (EC) 864/2007 on the law applicable to non-contractual obligations from 11 January 2009 to date (Rome II), the Private International (Miscellaneous Provisions) Act 1995 (from 1 May 1996 to 10 January 2009), and English common law principles (prior to 1 May 1996). It also considers the temporal, material, and geographical scope of Rome II, along with its special rules for determining the applicable law to ‘acts restricting free competition’, the affected market, non-compensatory remedies, and unfair competition. The chapter concludes with an analysis of the relevant principles of Rome I that govern the applicable law to contractual obligations.
Disclosure
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter focuses on disclosure in the High Court and the Competition Appeal Tribunal (CAT) with respect to claims for damages for breach of the competition rules. It first considers the legal framework for disclosure in the High Court, how to make an application when seeking disclosure or inspection of evidence relating to a competition claim, and the specific nature of the application. It then discusses pre-action disclosure, early disclosure, disclosure at first case management conference, specific disclosure, disclosure from non-parties, and disclosure in judicial review. After describing the CAT rules for disclosure in appeals and judicial review proceedings and disclosure in damages claims, the chapter analyses issues relating to disclosure and inspection of confidential information. It also explains the basic principles underlying disclosure and privilege, before concluding with an overview of how requests for information are made under the Freedom of Information Act 2000.
Burden and Standard of Proof
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter examines issues of burden and standard of proof that arise in competition proceedings. It first provides an overview of relevant terminology such as burden, legal burden, evidential burden, and standard of proof before discussing the burden of proof, presumption, and standard of proof with regard to civil claims and criminal cases. It also considers the burden of proof, standard of proof, and presumption of innocence in appeals made to the Competition Appeal Tribunal (CAT) against infringement decisions. In particular, it explains the criminal nature of the appeal proceedings and shows that the legal burden of proving the infringement remains on the Competition and Markets Authority (CMA). The CAT decisions in Napp Pharmaceutical Holdings v DGFT, Claymore Dairies v OFT, and Flynn Pharma Ltd & Pfizer CMA with respect to standard of proof and presumption of innocence are cited.
Expert Evidence
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter examines the use of expert evidence, and more specifically the role of economic experts and economic analysis, in competition-related litigation. It first provides an overview of the duties and responsibilities of experts, focusing on how expert evidence differs from factual evidence, issues addressed by expert evidence, the rules that apply to the production of expert evidence in the High Court and in the Competition Appeal Tribunal (CAT), and conflict of interest involving experts. The chapter then presents a practical guide to the use of experts in the course of competition litigation, covering the requirements of the relevant CAT Rules and Civil Procedure Rules 1998 (CPR), from instructing an expert to the submission of the formal written report, discussions between experts and joint statements after service of reports, and hearing of expert evidence at trial. Statutory provisions regarding concurrent expert evidence or ‘hot tubbing’ are also considered.
Damages
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter examines the processes used to quantify damages in competition cases. It begins with a discussion of compensatory damages and the various ways that they are assessed by the courts. Compensatory damages are designed to restore the claimant to the position the claimant would have been in had the restrictive conduct not occurred. Hence, the assessment necessarily involves a hypothetical scenario known as a counterfactual. Other factors to consider in calculating damages include proof of loss and collateral benefits. The chapter proceeds by analysing the remoteness of damage, focusing on the burden of proving causation, the scope of the defendant’s liability, and contingencies. It also explains how damages may be reduced because of a failure to mitigate or through contributory negligence, before concluding with an overview of the issue of pass-on, the principle of joint and several liability for the damage, and contribution proceedings.
Criminal Proceedings
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter examines the criminal aspect of competition law, with particular emphasis on the cartel offence created by Section 188 of the Enterprise Act 2002. It first provides an overview of the common law governing cartel offences, the criminal nature of breaches of the competition rules, and relevant provisions of Section 188 Enterprise Act with respect to cartel offences. It then considers the four types of arrangements deemed to be an offence, namely, price-fixing, limiting production or supply, market sharing, and bid-rigging. It also discusses exclusions and defences based on the amendment to the cartel offence introduced on or after 1 April 2014 by the Enterprise and Regulatory Act 2013 (ERRA 13). Finally, it decribes the criminal prosecution of the cartel offence and the sentences relating to the cartel offence.
Alternative Dispute Resolution
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter examines the use of alternative dispute resolution (ADR) for resolving competition-related disputes. It first provides an overview of the benefits of mediation as a means of resolving competition disputes and how ADR is encouraged in competition litigation. It then considers the relevant ADR provisions in the Civil Procedure Rules 1998 (CPR) and in the Competition Appeal Tribunal (CAT) Rules, before discussing cross-border mediations and how disputes are mediated and regulated. It also offers practical guidance on when to mediate, choosing a mediator, the typical stages of a mediation process, the role of a mediation agreement, and the implications of mediation confidentiality. Finally, it explains the specific provisions relating to voluntary redress schemes, a form of ADR.
International Disaster Law
Authors: Pronto Arnold N. 
Published: March 2021

Abstract
This chapter details how disasters, whether widespread or localized, pose a major threat to human security, as their effects place significant strain on human support systems. What is more, disasters invariably have a disproportionately harmful impact on the particularly vulnerable, who typically subsist at the margins of society, usually in harm’s way. For many States, the impact of specific disasters can be measured in terms of setbacks to human development. The imperative to provide aid and assistance following the onset of disasters is increasingly viewed as a key interest of the international community. The United Nations devotes significant resources to the coordination of efforts at the international level aimed at facilitating cooperation in the provision of humanitarian assistance. The organization has also become the central locus for contemplation at the global level on best practices in disaster risk reduction. The chapter then describes the outlines of an emerging international disaster law, motivated in large part by a growing awareness of the role law can play in efforts to reduce vulnerability to, and mitigate the impact of, disasters. Such sentiments are, in turn, driven by an appreciation of the potential deleterious consequences for global security arising from the widespread dislocation brought about by major disasters.
The Formation of the Reinsurance Contract
Authors: Edelman Colin , Burns Andrew 
Published: March 2021

Abstract
This chapter discusses the formation of the reinsurance contract. A reinsurance contract is formed according to normal contractual principles. There needs to be an offer and an acceptance of that offer to form an agreement, with consideration for the bargain and an intention by the parties to create legal relations between them. The relationship between reinsurer and reinsured may be one of utmost good faith when concluding the contract, but the essential requirements for the formation of a contract are the same. The final offer and acceptance are the mechanisms for the formation of a reinsurance contract. A broker is normally (at least for most purposes) the agent of the reinsured for the purposes of the placement of the reinsurance. Ultimately, it is always important to look at the reality of the legal relationships and not rely on the superficial appearance of who is making an offer to whom. The chapter then looks at the Market Reform Contract (MRC) slip.
Applicable Law and Jurisdiction
Authors: Edelman Colin , Burns Andrew 
Published: March 2021

Abstract
This chapter explores the law applicable to reinsurance. Section 2(1) of the Contracts (Applicable Law) Act 1990 provides for the incorporation of the 1980 Rome Convention on the law applicable to contractual obligations into the law of the United Kingdom. Article 1(4) of the Convention expressly provides that reinsurance contracts, unlike contracts of insurance, are subject to the rules of the Convention. However, the Convention does not have retrospective effect and therefore only applies to contracts entered into after April of 1991 when the Convention came into force. For a contract concluded before that date, the determination of its proper law depended and still depends on common law principles. At common law, the starting point is to investigate whether the parties have expressly selected a body of law at the time of contracting or whether such selection can be implied from the express terms of the contract. If the court is unable to ascertain the governing law from the contract it will then look to determine with which system of law the contract has the closest connection.
Health-Related Quality of Life After Polytrauma: A Systematic Review
Authors: Silverstein Lily A. , Higgins Jacob T. , Henderson Stephanie 
Published: March 2021

Background:
Following hospital discharge after traumatic injuries, many patients' rehabilitation is inhibited by poor health-related quality of life (HRQoL).

Objective:
The purpose of this review is to identify factors that influence the HRQoL of polytrauma patients after hospital discharge.

Methods:
A systematic literature search was performed in CINAHL and PubMed databases for English-language articles published between January 2015 and January 2020. Articles that dealt with pediatric or narrow adult populations, exclusively considered brain and spinal cord injuries, burn injuries, or isolated fractures were excluded. In total, 22 nonexperimental cohort studies were eligible for inclusion.

Results:
Based on these studies, with minor disagreements explainable by deficient sampling, variables that impacted HRQoL fell into 11 categories: demographics, preinjury HRQoL, preexisting conditions, mental health status, injury type and location, injury severity, course of hospitalization, time after injury, financial and employment status, functional capacity, and pain.

Conclusion:
The finding with the greatest implications was that mental health, positive coping, self-efficacy, and perception of physical state significantly influence HRQoL after injury and, along with other modifiable variables, can be optimized by directed treatment. Additionally, targeted assessments and interventions can be utilized to improve quality of life for patients with nonmodifiable risk factors.