103 research outputs found

    Monopoly Leveraging in Verizon Communications v. Law Offices of Curtis v. Trinko, LLP: Why the United States Supreme Court Should Draw a Clear Line for Anticompetitive Behavior Violative of the Sherman Act

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    The Court should draw the line for anticompetitive behavior violative of the Sherman Act above the mere gain of a competitive advantage in the second market. If the Supreme Court were to draw the line at this level, the circuit split and the resulting confusion would be ameliorated. By recognizing the three types of conduct that characterize monopoly leveraging, with the exception to the third type of conduct, the Supreme Court would provide much needed guidance for the lower federal courts in determining whether a firm\u27s behavior in a given case rises to the level of the monopoly leveraging. The lower federal courts would have to examine three situations when presented with a monopoly leveraging cause of action: (1) whether monopolization occurred in the second market through leveraging, (2) whether attempted monopolization in the second market occurred through leveraging, or (3) whether the leveraging produced higher prices or reduced output or quality associated with the kind of monopoly that is ordinarily accompanied by a large market share \u27 27° in the second market. A clear pronouncement from the Supreme Court would not only help federal judges, but potential plaintiffs as well, leading ultimately to judicial economy. Those contemplating bringing a cause of action for monopoly leveraging would have guideposts by which to measure the facts of their case against to determine whether the conduct at issue is within the spectrum of actionable conduct. The waters that surround monopoly leveraging have been murky ever since the inception of the doctrine in 1948 in Eastman Kodak. Through Verizon, the Supreme Court has the opportunity to clear the waters once and for all

    Monopoly Leveraging in Verizon Communications v. Law Offices of Curtis v. Trinko, LLP: Why the United States Supreme Court Should Draw a Clear Line for Anticompetitive Behavior Violative of the Sherman Act

    Get PDF
    The Court should draw the line for anticompetitive behavior violative of the Sherman Act above the mere gain of a competitive advantage in the second market. If the Supreme Court were to draw the line at this level, the circuit split and the resulting confusion would be ameliorated. By recognizing the three types of conduct that characterize monopoly leveraging, with the exception to the third type of conduct, the Supreme Court would provide much needed guidance for the lower federal courts in determining whether a firm\u27s behavior in a given case rises to the level of the monopoly leveraging. The lower federal courts would have to examine three situations when presented with a monopoly leveraging cause of action: (1) whether monopolization occurred in the second market through leveraging, (2) whether attempted monopolization in the second market occurred through leveraging, or (3) whether the leveraging produced higher prices or reduced output or quality associated with the kind of monopoly that is ordinarily accompanied by a large market share \u27 27° in the second market. A clear pronouncement from the Supreme Court would not only help federal judges, but potential plaintiffs as well, leading ultimately to judicial economy. Those contemplating bringing a cause of action for monopoly leveraging would have guideposts by which to measure the facts of their case against to determine whether the conduct at issue is within the spectrum of actionable conduct. The waters that surround monopoly leveraging have been murky ever since the inception of the doctrine in 1948 in Eastman Kodak. Through Verizon, the Supreme Court has the opportunity to clear the waters once and for all

    Statistical and Proactive Analysis of an Inter-Laboratory Comparison: The Radiocarbon Dating of the Shroud of Turin.

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    We review the sampling and results of the radiocarbon dating of the archaeological cloth known as the Shroud of Turin, in the light of recent statistical analyses of both published and raw data. The statistical analyses highlight an inter-laboratory heterogeneity of the means and a monotone spatial variation of the ages of subsamples that suggest the presence of contaminants unevenly removed by the cleaning pretreatments. We consider the significance and overall impact of the statistical analyses on assessing the reliability of the dating results and the design of correct sampling. These analyses suggest that the 1988 radiocarbon dating does not match the current accuracy requirements. Should this be the case, it would be interesting to know the accurate age of the Shroud of Turin. Taking into account the whole body of scientific data, we discuss whether it makes sense to date the Shroud again

    Inferring selection in the Anopheles gambiae species complex: an example from immune-related serine protease inhibitors

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    <p>Abstract</p> <p>Background</p> <p>Mosquitoes of the <it>Anopheles gambiae </it>species complex are the primary vectors of human malaria in sub-Saharan Africa. Many host genes have been shown to affect <it>Plasmodium </it>development in the mosquito, and so are expected to engage in an evolutionary arms race with the pathogen. However, there is little conclusive evidence that any of these mosquito genes evolve rapidly, or show other signatures of adaptive evolution.</p> <p>Methods</p> <p>Three serine protease inhibitors have previously been identified as candidate immune system genes mediating mosquito-Plasmodium interaction, and serine protease inhibitors have been identified as hot-spots of adaptive evolution in other taxa. Population-genetic tests for selection, including a recent multi-gene extension of the McDonald-Kreitman test, were applied to 16 serine protease inhibitors and 16 other genes sampled from the <it>An. gambiae </it>species complex in both East and West Africa.</p> <p>Results</p> <p>Serine protease inhibitors were found to show a marginally significant trend towards higher levels of amino acid diversity than other genes, and display extensive genetic structuring associated with the 2La chromosomal inversion. However, although serpins are candidate targets for strong parasite-mediated selection, no evidence was found for rapid adaptive evolution in these genes.</p> <p>Conclusion</p> <p>It is well known that phylogenetic and population history in the <it>An. gambiae </it>complex can present special problems for the application of standard population-genetic tests for selection, and this may explain the failure of this study to detect selection acting on serine protease inhibitors. The pitfalls of uncritically applying these tests in this species complex are highlighted, and the future prospects for detecting selection acting on the <it>An. gambiae </it>genome are discussed.</p

    The Physics of the B Factories

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    This work is on the Physics of the B Factories. Part A of this book contains a brief description of the SLAC and KEK B Factories as well as their detectors, BaBar and Belle, and data taking related issues. Part B discusses tools and methods used by the experiments in order to obtain results. The results themselves can be found in Part C

    Azimuthal anisotropy of charged jet production in root s(NN)=2.76 TeV Pb-Pb collisions

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    We present measurements of the azimuthal dependence of charged jet production in central and semi-central root s(NN) = 2.76 TeV Pb-Pb collisions with respect to the second harmonic event plane, quantified as nu(ch)(2) (jet). Jet finding is performed employing the anti-k(T) algorithm with a resolution parameter R = 0.2 using charged tracks from the ALICE tracking system. The contribution of the azimuthal anisotropy of the underlying event is taken into account event-by-event. The remaining (statistical) region-to-region fluctuations are removed on an ensemble basis by unfolding the jet spectra for different event plane orientations independently. Significant non-zero nu(ch)(2) (jet) is observed in semi-central collisions (30-50% centrality) for 20 <p(T)(ch) (jet) <90 GeV/c. The azimuthal dependence of the charged jet production is similar to the dependence observed for jets comprising both charged and neutral fragments, and compatible with measurements of the nu(2) of single charged particles at high p(T). Good agreement between the data and predictions from JEWEL, an event generator simulating parton shower evolution in the presence of a dense QCD medium, is found in semi-central collisions. (C) 2015 CERN for the benefit of the ALICE Collaboration. Published by Elsevier B.V. This is an open access article under the CC BY license (http://creativecommons.org/licenses/by/4.0/).Peer reviewe

    Forward-central two-particle correlations in p-Pb collisions at root s(NN)=5.02 TeV

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    Two-particle angular correlations between trigger particles in the forward pseudorapidity range (2.5 2GeV/c. (C) 2015 CERN for the benefit of the ALICE Collaboration. Published by Elsevier B. V.Peer reviewe
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