The Logic & Limits of the Exceptional Circumstances Test in Magill and IMS Health

In this Article, we show that, in contrast to the Commission\u27s balancing approach in Microsoft, the ECJ\u27s narrow construction of the obligation to license IP under Article 82 of the EC Treaty is based on sound economics and constitutes appropriate public policy. The set of “exceptional circumstances” listed in Magill and IMS Health constitutes a reasonable implementation of the optimal legal standard for the assessment of refusals to licence IP: modified per se legality. In the IP context, an obligation to make property available is a requirement for compulsory licensing. The ECJ test limits compulsory licensing to those situations in which the prospective social benefits of licensing are large, while the negative effects of reducing the incentives to innovate are small. The ECJ test ensures that intervention is restricted to cases where the intervention is still likely to increase social welfare. The Commission\u27s test in Microsoft, being a balancing test, does not. As noted by Professor Gerardin, “balancing ex ante vs. ex post efficiencies is obviously a very difficult process, which even the most sophisticated economists may find daunting. The risk of mistaken decisions is therefore high.

Energy efficiency and indoor aire quality os seminar rooms in older buildings with and without mechanical ventilation

The present paper reports on an experimental study performed in a seminar room of the University of Luxembourg in a building of the 1970ies without a major renovation. This lecture room is typical for this building period and has a capacity of 60 seats. It is equipped with a mechanical ventilation system that is normally in operation on workdays for 11 hours a day in semester periods (8:00-19:00h), while windows can be opened manually. A Blower-Door-Test revealed that the room is not airtight. During a year, the ventilation system was shut “on” and “off” in periods of some weeks and the consumed final-energy was measured, as well as the indoor climate assessed by physical and psychological measurements. For instance, the measured CO2 concentrations are marginally better with the ventilation system "on", which was not perceived in any way by the occupants during the investigations. It was not possible to properly identify the impact of ventilation on the consumed heat-energy, as the room could not be thermally separated from the rest of the building. But with the system “on” there was a clear increase in consumed primary energy due to the electric consumption of the fans. No relationship between the perceived percentage of dissatisfied and perceived climate could be observed. It is concluded that the typical normal operation modus is questionable for seminar rooms in older buildings with variable occupancy and that a simple shut down or semi-automatic user controlled modus by low-cost retrofit seems advantageous

How large should whales be?

The evolution and distribution of species body sizes for terrestrial mammals is well-explained by a macroevolutionary tradeoff between short-term selective advantages and long-term extinction risks from increased species body size, unfolding above the 2g minimum size induced by thermoregulation in air. Here, we consider whether this same tradeoff, formalized as a constrained convection-reaction-diffusion system, can also explain the sizes of fully aquatic mammals, which have not previously been considered. By replacing the terrestrial minimum with a pelagic one, at roughly 7000g, the terrestrial mammal tradeoff model accurately predicts, with no tunable parameters, the observed body masses of all extant cetacean species, including the 175,000,000g Blue Whale. This strong agreement between theory and data suggests that a universal macroevolutionary tradeoff governs body size evolution for all mammals, regardless of their habitat. The dramatic sizes of cetaceans can thus be attributed mainly to the increased convective heat loss is water, which shifts the species size distribution upward and pushes its right tail into ranges inaccessible to terrestrial mammals. Under this macroevolutionary tradeoff, the largest expected species occurs where the rate at which smaller-bodied species move up into large-bodied niches approximately equals the rate at which extinction removes them.Comment: 7 pages, 3 figures, 2 data table

Differences in small intestinal apparent amino acid digestibility of raw bovine, caprine, and ovine milk are explained by gastric amino acid retention in piglets as an infant model

BackgroundThe rate of stomach emptying of milk from different ruminant species differs, suggesting that the small intestinal digestibility of nutrients could also differ across these milk types.ObjectiveTo determine the small intestinal amino acid (AA) digestibility of raw bovine, caprine, and ovine milk in the piglet as an animal model for the infant.MethodsSeven-day-old piglets (n = 12) consumed either bovine, caprine, or ovine milk diets for 15 days (n = 4 piglets/milk). On day 15, fasted piglets received a single meal of fresh raw milk normalized for protein content and containing the indigestible marker titanium dioxide. Entire gastrointestinal tract contents were collected at 210 min postprandially. Apparent AA digestibility (disappearance) in different regions of the small intestine was determined.ResultsOn average, 35% of the dietary AAs were apparently taken up in the small intestine during the first 210 min post-feeding, with 67% of the AA digestibility occurring in the first quarter (p ≤ 0.05) and 33% in the subsequent two quarters. Overall, except for isoleucine, valine, phenylalanine, and tyrosine, the small intestinal apparent digestibility of all AAs at 210 min postprandially in piglets fed ovine milk was, on average, 29% higher (p ≤ 0.05) than for those fed bovine milk. Except for lysine, there was no difference in the apparent digestibility (p > 0.05) of any AAs between piglets fed caprine milk or ovine milk. The apparent digestibility of alanine was higher (p ≤ 0.05) in piglets fed caprine milk than those fed bovine milk. When apparent digestibility was corrected for gastric AA retention, only small differences in the small intestinal apparent digestibility of AAs were observed across milk types.ConclusionBovine, caprine and ovine milk had different apparent small intestinal AA digestibility at 210 min postprandially. When corrected for gastric AA retention, the differences in apparent digestibility across species largely disappeared. The apparent AA digestibility differed across small intestinal locations

The New Political Economy of EU State Aid Policy

Despite its importance and singularity, the EU’s state aid policy has attracted less scholarly attention than other elements of EU competition policy. Introducing the themes addressed by the special issue, this article briefly reviews the development of EU policy and highlights why the control of state aid matters. The Commission’s response to the current economic crisis notably in banking and the car industry is a key concern, but the interests of the special issue go far beyond. They include: the role of the European Commission in the development of EU policy, the politics of state aid, and a clash between models of capitalism. The special issue also examines the impact of EU policy. It investigates how EU state aid decisions affect not only industrial policy at the national level (and therefore at the EU level), but the welfare state and territorial relations within federal member states, the external implications of EU action and the strategies pursued by the Commission to limit any potential disadvantage to European firms, and the conflict between the EU’s expanding legal order and national

Holocene paleoenvironmental change inferred from two sediment cores collected in the Tibetan lake Taro Co

The Tibetan Plateau, also known as the ‘‘Water Tower of Asia’’ because of its function as a water storage and supply region, responds dramatically to modern climate changes. Paleoecological shifts inferred from lake sediment archives provide essential insights into past climate changes, and the processes that drove those shifts. This is especially true for studies of lakes in endorheic basins on the Tibetan Plateau, where lake level is regulated pre-dominantly by Monsoon intensity. Such water bodies provide excellent opportunities to reconstruct past changes in humidity. Most paleolimnological investigations of lakes on the Tibetan Plateau, however, have involved the study of a single sediment core, making it difficult to discern between changes caused by local events and those caused by lake-wide or regional processes. Here we present results from a paleolimnological study of Lake Taro Co, a currently closed-basin lake in Central Tibet. We compared a sediment record from the central part of the lake to a record from the near-shore area, and present results of sedimentological and bioindicator (chironomid, diatom, pollen) analyses from both records. Results show three periods of lake-wide ecosystem change ([ca. 5250, 5250–2250 and since about 2250 cal year BP), which reflect a continuous drying trend throughout the Middle and Late Holocene. In addition to this lake-wide trend, we identified two local events in the sediment core from the southeastern, nearshore site. These include (1) a hiatus between 12,400 and 5400 cal year BP and (2) an 1800-year period of distinct paleoenvironmental conditions (5400–3600 cal year BP). We hypothesize that both events were caused by relocation of a river in the southeast sector of the lake’s catchment. We propose that the first relocation caused an erosion event that removed sediment, thereby producing the hiatus. During the following 1800 years, the core site may have been located on the river delta, before another river relocation at 3600 cal year BP established the modern prodelta situation. Our study demonstrates the value of using multiple sediment cores from a lake, to better identify processes that control widespread versus local events

Impact of life stage and duration of exposure on arsenic-induced proliferative lesions and neoplasia in C3H mice

Epidemiological studies suggest that chronic exposure to inorganic arsenic is associated with cancer of the skin, urinary bladder and lung as well as the kidney and liver. Previous experimental studies have demonstrated increased incidence of liver, lung, ovary, and uterine tumors in mice exposed to 85 ppm (∼8 mg/kg) inorganic arsenic during gestation. To further characterize age susceptibility to arsenic carcinogenesis we administered 85 ppm inorganic arsenic in drinking water to C3H mice during gestation, prior to pubescence and post-pubescence to compare proliferative lesion and tumor outcomes over a one-year exposure period. Inorganic arsenic significantly increased the incidence of hyperplasia in urinary bladder (48%) and oviduct (36%) in female mice exposed prior to pubescence (beginning on postnatal day 21 and extending through one year) compared to control mice (19 and 5%, respectively). Arsenic also increased the incidence of hyperplasia in urinary bladder (28%) of female mice continuously exposed to arsenic (beginning on gestation day 8 and extending though one year) compared to gestation only exposed mice (0%). In contrast, inorganic arsenic significantly decreased the incidence of tumors in liver (0%) and adrenal glands (0%) of male mice continuously exposed from gestation through one year, as compared to levels in control (30 and 65%, respectively) and gestation only (33 and 55%, respectively) exposed mice. Together, these results suggest that continuous inorganic arsenic exposure at 85 ppm from gestation through one year increases the incidence and severity of urogenital proliferative lesions in female mice and decreases the incidence of liver and adrenal tumors in male mice. The paradoxical nature of these effects may be related to altered lipid metabolism, the effective dose in each target organ, and/or the shorter one-year observational period