Predatory Hiring as Exclusionary Conduct: A New Perspective

The showing of predatory or exclusionary conduct is a necessary element to prove an attempted monopolization claim under section 2 of the Sherman Act. Predatory hiring as a form of exclusionary conduct has not been extensively analyzed from legal or economic perspectives. Most litigated cases have followed Universal Analytics, Inc. v. MacNeal-Schwendler Corp., where the court held that unlawful predatory hiring occurs when talent is acquired not for purposes of using that talent, but for purposes of denying it to a competitor. An anticompetitive act by a single firm is an act that is not profit maximizing but for the monopoly rents the act creates or maintains, but that is profit maximizing inclusive of those monopoly rents. However, a monopolist likely will use and derive profits from important labor talent once acquired, even if the effect of the hiring is anticompetitive. Thus, the current legal standard for proving predatory hiring as an element of an attempted monopolization claim may prevent plaintiffs from successfully prosecuting cases in which antitrust impact and injury exist. Therefore, we argue that the current legal standard required to prove a predatory-hiring claim should be revised. We use a recently litigated matter in the ambulance industry, ICare-EMS v. Rural/Metro, as a case study to make our argument. This case study is particularly revealing because, unlike most litigated matters, internal company documents and deposition testimony from plaintiff and defendant firm witnesses were not designated confidential. Therefore, we are able to illuminate the bases for the firms\u27 internal business decisions in great detail. These decisions reveal the companies\u27 intentions in ways not normally observable by antitrust scholars

Mechanistic determination of tear film thinning via fitting simplified models to tear breakup

Purpose: To determine whether evaporation, tangential flow, or a combination of the two cause tear film breakup in a variety of instances; to estimate related breakup parameters that cannot be measured in breakup during subject trials; and to validate our procedure against previous work. Methods: Five ordinary differential equation models for tear film thinning were designed that model evaporation, osmosis, and various types of flow. Eight tear film breakup instances of five healthy subjects that were identified in fluorescence images in previous work were fit with these five models. The fitting procedure used a nonlinear least squares optimization that minimized the difference of the computed theoretical fluorescent intensity from the models and the experimental fluorescent intensity from the images. The optimization was conducted over the evaporation rate and up to three flow rate parameters. The smallest norm of the difference was determined to correspond to the model that best explained the tear film dynamics. Results: All of the breakup instances were best fit by models with time-dependent flow. Our optimal parameter values and thinning rate and fluid flow profiles compare well with previous partial differential equation model results in most instances. Conclusion: Our fitting procedure suggests that the combination of the Marangoni effect and evaporation cause most of the breakup instances. Comparison with results from previous work suggests that the simplified models can capture the essential tear film dynamics in most cases, thereby validating this procedure as one that could be used on many other instances.Comment: 28 pages, 11 figures, 6 table

Form and function of the bulbus arteriosus in yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and blue marlin (Makaira nigricans): static properties

The juxtaposition of heart and gills in teleost fish means that the Windkessel function characteristic of the whole mammalian arterial tree has to be subserved by the extremely short ventral aorta and bulbus arteriosus. Over the functional pressure range, arteries from blue marlin (Makaira nigricans) and yellowfin tuna (Thunnus albacares) have J-shaped pressure-volume (P-V) loops, while bulbi from the same species have r-shaped P-V loops, with a steep initial rise followed by a compliant plateau phase. The steep initial rise in pressure is due to the geometry of the lumen. The interactions between radius, pressure and tension require a large initial pressure to open the bulbar lumen for flow. The plateau is due to the unique organization of the bulbar wall. The large elastin:collagen ratio, limited amount of collagen arranged cirumferentially, lack of elastin lamellae and low hydrophobicity of the elastin itself all combine to lower stiffness, increase extensibility and allow efficient recoil. Even though the modulus of bulbus material is much lower than that of an artery, at large volumes the overall stiffness of the bulbus increases rapidly. The morphological features that give rise to the special inflation characteristics of the bulbus help to extend flow and maintain pressure during diastole

Form and function of the bulbus arteriosus in yellowfin tuna (Thunnus albacares): dynamic properties

The bulbus arteriosus of the teleost heart possesses a static inflation curve that is r-shaped over the in vivo pressure range. To examine the possible significance of this in living animals, we recorded arterial blood pressure from anaesthetized yellowfin tuna and utilized a video dimensional analyser to simultaneously record changes in bulbar diameter. By plotting the changes in pressure against the changes in diameter, it was possible to create dynamic pressure-diameter (P-D) loops as well as calculate the instantaneous volume changes within the bulbus. The dynamic P-D loops showed the same features exhibited by static inflation. When nearly empty, a small stroke volume caused a large increase in blood pressure, while around systolic pressure large changes in volume resulted in small changes in pressure. We conclude that these features allow the bulbus to maintain ventral aortic flows and pressures over a large range of volumes

Elemental Abundances of Nearby Galaxies through High Signal-to-Noise XMM-Newton Observations of ULXs

(abridged) In this paper, we examined XMM Newton EPIC spectra of 14 ultra-luminous X-ray sources (ULXs)in addition to the XMM RGS spectra of two sources (Holmberg II X-1 and Holmberg IX X-1). We determined oxygen and iron abundances of the host galaxy's interstellar medium (ISM) using K-shell (O) and L-shell (Fe) X-ray photo-ionization edges towards these ULXs. We found that the oxygen abundances closely matched recent solar abundances for all of our sources, implying that ULXs live in similar local environments despite the wide range of galaxy host properties. Also, we compare the X-ray hydrogen column densities (n_H) for 8 ULX sources with column densities obtained from radio H I observations. The X-ray model n_H values are in good agreement with the H I n_H values, implying that the hydrogen absorption towards the ULXs is not local to the source (with the exception of the source M81 XMM1). In order to obtain the column density and abundance values, we fit the X-ray spectra of the ULXs with a combined power law and one of several accretion disk models. We tested the abundances obtained from the XSPEC models bbody, diskbb, grad, and diskpn along with a power law, finding that the abundances were independent of the thermal model used. We comment on the physical implications of these different model fits. We also note that very deep observations allow a breaking of the degeneracy noted by Stobbart et al. (2006) favoring a high mass solution for the absorbed grad + power law model.Comment: 18 pages, accepted to Ap

Supernova Remnants in the Fossil Starburst in M82

We report the discovery of ten compact H-alpha-bright sources in the post-starburst region northeast of the center of M82, ``M82 B.'' These objects have H alpha luminosities and sizes consistent with Type II supernova remnants (SNRs). They fall on the same H alpha surface brightness-diameter (Sigma-D) relation defined by SNRs in other nearby star-forming galaxies, with the M82 candidates lying preferentially at the small diameter end. These are the first candidates for optically-visible SNRs in M82 outside the heavily obscured central starburst within ~250 pc from the galactic center. If these sources are SNRs, they set an upper limit to the end of the starburst in region ``B2,'' about 500 pc from the galaxy's core, of ~50 Myr. Region ``B1,'' about 1000 pc from the core, lacks good SNR candidates and is evidently somewhat older. This suggests star formation in the galaxy has propagated inward toward the present-day intense starburst core.Comment: Re-submitted to AJ, referee's comments taken into account, 15 pages LaTeX preprint style, 4 postscript figures; full-resolution figures available from http://www.astro.virginia.edu/~rd7a/snrs/ Changes: minor textual changes and orientation/axes of Fig.

Efficient organisation of the contralateral hemisphere connectome is associated with improvement in intelligence quotient after paediatric epilepsy surgery

ObjectiveAims of epilepsy surgery in childhood include optimising seizure control and facilitating cognitive development. Predicting which children will improve cognitively is challenging. We investigated the association of the pre-operative structural connectome of the contralateral non-operated hemisphere with improvement in intelligence quotient (IQ) post-operatively.MethodsConsecutive children who had undergone unilateral resective procedures for epilepsy at a single centre were retrospectively identified. We included those with pre-operative volume T1-weighted non-contrast brain magnetic resonance imaging (MRI), no visible contralateral MRI abnormalities, and both pre-operative and two years post-operative IQ assessment. The MRI of the hemisphere contralateral to the side of resection was anatomically parcellated into 34 cortical regions and the covariance of cortical thickness between regions was used to create binary and weighted group connectomes.ResultsEleven patients with a post-operative IQ increase of at least 10 points at two years were compared with twenty-four patients with no change in IQ score. Children who gained at least 10 IQ points post-operatively had a more efficiently structured contralateral hemisphere connectome with higher global efficiency (0.74) compared to those whose IQ did not change at two years (0.58, p=0.014). This was consistent across thresholds and both binary and weighted networks. There were no statistically significant group differences in age, sex, age at onset of epilepsy, pre-operative IQ, mean cortical thickness, side or site of procedure, two year post-operative Engel scores or use of anti-seizure medications between the two groups. ConclusionsSurgical procedures to reduce or stop seizures may allow children with an efficiently structured contralateral hemisphere to achieve their cognitive potential. <br/