Private damages actions under EU competition policy : an exploration of the ongoing sea change in respect of such actions concerning articles 101 and 102 TFEU infringements

The EU has an established history of public enforcement concerning antitrust infringements under what are now Articles 101 and 102 of the Treaty of the Functioning of the European Union (TFEU). Yet, until recently, this has not been true in respect of private compensatory damages actions in relation to the said Articles. Hence, these actions are now seen as reinforcing the existing deterrent provided by pubic enforcement fines. This paper focuses upon the ongoing sea change that aims to enable and encourage compensatory damages claims in relation to harm caused by breaches of 101 and 102 TFEU. It reveals that both the Court of Justice of the European Union (CJEU) and the European Commission have played pioneering roles in advancing this sea change. It further asserts that, although the rulings of the CJEU have created a hybrid architecture that makes possible private actions in relation to the said breaches under Member state procedural laws before national courts, the architecture itself is problematic as it fails to guarantee that Member states’ procedural rules have a high degree of uniformity, thereby failing to guarantee a regulatory level playing field across the Union concerning the said damages actions. Moreover, not only is the architecture problematic, but it needed further development in respect of rules and requirements in several key areas, such as the right of evidential disclosure, the limitation period issue, collective redress and the quantification of harm, so as to facilitate and encourage claims. The Commission was aware of these concerns, and this paper explores its response. The issues could have been addressed by the establishment of a set of EU procedural rules which national courts would apply in the said actions but the Commission decided upon a different way forward. Working with the said hybrid architecture, and through the vehicle of the 2014 Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, the Commission has amended and created rules and requirements which will form part of member states’ domestic procedural law - and therefore will be applied by national courts – in order to establish a more level regulatory playing field across the Union which should facilitate and encourage private compensatory damages actions for harm caused by EU antitrust breaches. Of course, a more level playing field means that differences will still remain. Moreover, it will be some time before the success of the Directive can be gauged, and further measures may be required in the future

Accommodating minority shareholdings within the European Union Merger Control regime: advocating a more cooperative way forward

The paper focuses upon a neglected area of EU merger control, the acquisition of minority shareholdings that have the potential to cause competitive harm at the European Union level, and which therefore should be vetted under EU law. Using economic theory and actual cases vetted by European Regulators, the paper demonstrates an EU regulatory enforcement gap in respect of the aforesaid minority shareholdings. The Commission’s recent proposal to end this gap, the so-called targeted transparency system, is then critically explored, revealing that the proposed system suffers from the same problem as the EU merger control regime in respect of mergers with a potential community competition concern: neither can guarantee that nearly all the said mergers and minority shareholdings cases would be vetted under EU law. Therefore, an alternative more cooperative approach, which guarantees that virtually all such cases would come under EU law, is put forward. The more cooperative approach concerning mergers is discussed first, as the approach toward minority shareholdings is an extension of it, establishing an integrated approach. The paper demonstrates how this approach would guarantee that virtually all mergers with a potential Community competition concern would come under EU law, leading to a number of positives: the near elimination of the misallocation problem and associated issues, in addition to streamlining the operation of the said architecture. Thereafter, the paper reveals how the more cooperative approach ensures that virtually all minority shareholdings with a potential to cause competitive harm at the EU level would be vetted under EU law, not only ending this enforcement gap but also leading to an architecture that is more streamlined than would be the case if the Commission’s proposal became law. It is, of course, recognised that the more cooperative approach does not address the minority shareholdings’ enforcement gap that exists at the national level, excluding the three member states which already have this vetting capability

The development of full time elementary education for the lower orders during the nineteenth century, with special reference to schooling in Hessle, Hull, Kirk Ella, Swanland and North Ferriby

Baring the nineteenth century the State increasingly intervened in the field of elementary education. This study examines why the intervention occurred, the form it took, and its impact upon the development of schooling in Hessle, Hull, Swanland, Kirk Ella and North Ferriby. The aim of the study is not to list every state intervention or to provide a history of the provision of schooling in the areas mentioned. Attention rather is focused upon (a) the several unsuccessful attempts made during the period from 1807 to 1858 to entice Parliament to legislate for a national system of elementary education, (b) an examination of the local impact of Robert Lowe's Revised Code of 1862 and (c) the process of the making of the 1870 Elementary Education Act with a description of the School Board era it ushered in. The significance of the School Attendance Committee created by the Elementary Education Act of 1876 is also discussed.Chapter One details the various types of voluntary schools which flourished throughout the nineteenth century. The origin and development of both the British and Foreign Society and the National School Society is examined. The final section of the first chapter delineates a case study, the provision of voluntary schooling in Hessle during the nineteenth century. The failure of the State from 1807 to 1858 to provide a national system of elementary education is treated in chapter two, by an examination of four unsuccessful elementary education Bills introduced into Parliament, Samuel Whitbread's Parochial Schools Bill of 1807, Henry Brougham's Parish Schools Bill of 1820, J. A. Roebuck's 1833 resolution that the House with the smallest possible delay consider the means of establishing a system of National Education, and W. J. Fox's 1850 Education Bill, 'to Promote the Secular Education of the People in England and Wales'.In chapter three the workings of the Revised Code of 1862 is detailed and its impact upon North Ferriby National School, Swanland Congregational School and Bishop Barton National School is examined. The Revised Code had nothing to do with school provision, Edward Forster's Elementary Education Bill of 1870, however, aimed to end the existing deficiencies in school accommodation. Chapter four outlines the proposals contained in the Bill and gives a detailed account of both liberal and tory opposition. The 1870 Elementary Education Act ushered in the School Board era and some aspects of the problems it brought with it are discussed in chapter five.During the School Board period, a second local education authority was established in areas not covered by a school board, namely the School Attendance Committee. The formation of School Attendance Committees resulted from Sandon's Elementary Education Act of 1876. The first section of chapter six outlines the measures relating to the School Attendance Committee that were contained in Sandon's Bill. The second section of the chapter is a case study of the Sculcoates Attendance Committee; it had little success when trying to combat the problem of truancy. Truancy is also discussed in chapter seven. The chapter examines the causes of truancy at North Ferriby National School from the period when attendance became compulsory in 1880, to the end of the nineteenth century. Truancy, as revealed in chapter eight, sometimes led to confrontation situations arising between the truant's parents and the school master. The chapter, using data from the previously mentioned local areas, examines conflict situations that arose in the classroom, and secondly the use of corporal punishment. The Conclusion reveals the major problem faced by the voluntary schools studied in the thesis was not the religious one, but the need to remain financially solvent and secure the regular attendance of children

The latency-associated transcript locus of herpes simplex virus 1 is a virulence determinant in human skin

Herpes simplex virus 1 (HSV-1) infects skin and mucosal epithelial cells and then travels along axons to establish latency in the neurones of sensory ganglia. Although viral gene expression is restricted during latency, the latency-associated transcript (LAT) locus encodes many RNAs, including a 2 kb intron known as the hallmark of HSV-1 latency. Here, we studied HSV-1 infection and the role of the LAT locus in human skin xenografts in vivo and in cultured explants. We sequenced the genomes of our stock of HSV-1 strain 17syn+ and seven derived viruses and found nonsynonymous mutations in many viral proteins that had no impact on skin infection. In contrast, deletions in the LAT locus severely impaired HSV-1 replication and lesion formation in skin. However, skin replication was not affected by impaired intron splicing. Moreover, although the LAT locus has been implicated in regulating gene expression in neurones, we observed only small changes in transcript levels that were unrelated to the growth defect in skin, suggesting that its functions in skin may be different from those in neurones. Thus, although the LAT locus was previously thought to be dispensable for lytic infection, we show that it is a determinant of HSV-1 virulence during lytic infection of human skin

Mapping gastrointestinal gene expression patterns in wild primates and humans via fecal RNA-seq

&nbsp;Background: Limited accessibility to intestinal epithelial tissue in wild animals and humans makes it challenging to study patterns of intestinal gene regulation, and hence to monitor physiological status and health in field conditions. To explore solutions to this limitation, we have used a noninvasive approach via fecal RNA-seq, for the quantification of gene expression markers in gastrointestinal cells of free-range primates and a forager human population. Thus, a combination of poly(A) mRNA enrichment and rRNA depletion methods was used in tandem with RNA-seq to quantify and compare gastrointestinal gene expression patterns in fecal samples of wild Gorilla gorilla gorilla (n =&thinsp;9) and BaAka hunter-gatherers (n =&thinsp;10) from The Dzanga Sangha Protected Areas, Central African Republic. Results Although only a small fraction (&lt;&thinsp;4.9%) of intestinal mRNA signals was recovered, the data was sufficient to detect significant functional differences between gorillas and humans, at the gene and pathway levels. These intestinal gene expression differences were specifically associated with metabolic and immune functions. Additionally, non-host RNA-seq reads were used to gain preliminary insights on the subjects&rsquo; dietary habits, intestinal microbiomes, and infection prevalence, via identification of fungi, nematode, arthropod and plant RNA. Conclusions Overall, the results suggest that fecal RNA-seq, targeting gastrointestinal epithelial cells can be used to evaluate primate intestinal physiology and gut gene regulation, in samples obtained in challenging conditions in situ. The approach used herein may be useful to obtain information on primate intestinal health, while revealing preliminary insights into foraging ecology, microbiome, and diet.</p

Morphological variation of genetically confirmed Alouatta Pigra × A. palliata hybrids from a natural hybrid zone in Tabasco, Mexico

While hybridization has been reported for a large number of primate taxa, there is a general lack of data on hybrid morphology for wild individuals with known genetic ancestry. A confirmed hybrid zone for the closely related Neotropical primates Alouatta palliata and A. pigra has provided a unique opportunity to study primate hybrid morphological variation. Here we used molecular evidence based on mitochondrial, Y‐chromosome, and autosomal data to assess hybrid ancestry. We conducted univariate and multivariate statistical comparisons of morphometric data collected from individuals both outside and within the hybrid zone in Tabasco, Mexico. Our results show that of all the hybrids detected ( N = 128), only 12% of them were approximately genetically intermediate, and none of them were first generation hybrids. Univariate pairwise comparisons among parental individuals, multigenerational backcrossed hybrids, and intermediate hybrids showed that overall, multigenerational backcrossed hybrids resemble the parental species with which they share most of their alleles. Conversely, intermediates were highly variable. Similarly, principal component analysis depicts an overlap between the parental species and their backcrosses when considering overall morphological differences. Finally, discriminant function analysis of the morphological variables was overall unreliable for classifying individuals into their assigned genotypic classes. Taken together, our results suggest that primate natural hybridization studies should incorporate molecular methods for determining ancestry, because morphology may not always be a reliable indicator of hybrid status. Hybrid zones could comprise a large number of multigenerational backcrossed hybrids that are indistinguishable from the parental species. The implications for studying hybridization in the primate fossil record are discussed. Am J Phys Anthropol, 2013. © 2012 Wiley Periodicals, Inc.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/96397/1/22196_ftp.pd

Indigenous Protocol and Artificial Intelligence Position Paper

This position paper on Indigenous Protocol (IP) and Artificial Intelligence (AI) is a starting place for those who want to design and create AI from an ethical position that centers Indigenous concerns. Each Indigenous community will have its own particular approach to the questions we raise in what follows. What we have written here is not a substitute for establishing and maintaining relationships of reciprocal care and support with specific Indigenous communities. Rather, this document offers a range of ideas to take into consideration when entering into conversations which prioritize Indigenous perspectives in the development of artificial intelligence. It captures multiple layers of a discussion that happened over 20 months, across 20 time zones, during two workshops, and between Indigenous people (and a few non-Indigenous folks) from diverse communities in Aotearoa, Australia, North America, and the Pacific. Indigenous ways of knowing are rooted in distinct, sovereign territories across the planet. These extremely diverse landscapes and histories have influenced different communities and their discrete cultural protocols over time. A single ‘Indigenous perspective’ does not exist, as epistemologies are motivated and shaped by the grounding of specific communities in particular territories. Historically, scholarly traditions that homogenize diverse Indigenous cultural practices have resulted in ontological and epistemological violence, and a flattening of the rich texture and variability of Indigenous thought. Our aim is to articulate a multiplicity of Indigenous knowledge systems and technological practices that can and should be brought to bear on the ‘question of AI.’ To that end, rather than being a unified statement this position paper is a collection of heterogeneous texts that range from design guidelines to scholarly essays to artworks to descriptions of technology prototypes to poetry. We feel such a somewhat multivocal and unruly format more accurately reflects the fact that this conversation is very much in an incipient stage as well as keeps the reader aware of the range of viewpoints expressed in the workshops

Kaʻina Hana ʻŌiwi a me ka Waihona ʻIke Hakuhia Pepa Kūlana

He wahi hoʻomaka kēia pepa kuana no ke Kaʻina Hana ʻŌiwi (KHʻO) a me ka Waihona ʻike Hakuhia (WʻIH) no ka poʻe e ake nei e haku a hana he WʻIK mai ke kuanaʻike kūpono e hoʻokele ʻia nei e ka manaʻo ʻŌiwi. He kiʻina hana ko kēlā a me kēia kaiāulu ʻŌiwi i nā nīnau a mākou e ui aʻe ai. ʻAʻole kēia mea a mākou i kākau ai he pani i ke kūkulu a mālama ʻana i ka pilina kākoʻo kekahi i kekahi me kekahi mau kaiāulu ʻŌiwi. Eia naʻe, hāpai aʻe kēia palapala i kekahi mau manaʻo e noʻonoʻo ai ke komo i kēia mau kamaʻilio ʻana ʻo ka hoʻomaka koho ʻana i ke kuanaʻike ʻŌiwi i ka haku ʻana he waihona ʻike hakuhia. He hoʻāʻo kēia wahi pepa kūlana e hōʻiliʻili i nā ʻano kamaʻilio like ʻole no 20 mahina, no 20 kāʻei hola, no ʻelua hālāwai hoʻonaʻauao, a ma waena hoʻi o kekahi mau poʻe ʻŌiwi (a ʻŌiwi ʻole hoʻi) no nā kaiāulu like ʻole i Aotearoa, Nū Hōlani, ʻAmelika ʻĀkau a me ka Pākīpika. ʻO ke kia nō naʻe, ʻaʻole ʻo ka hoʻolōkahi ʻana he leo. Paʻa nō ka ʻike ʻŌiwi i kekahi mau ʻāina a aupuni kikoʻī a puni ka honua. Hoʻohuli aku kēia mau ʻāina a mōʻaukala like ʻole i nā kaiāulu ʻokoʻa a me ko lākou mau kaʻina hana ʻŌiwi i ke au o ka manawa. ʻAʻohe “kuanaʻike ʻŌiwi hoʻokahi”, a hoʻomau a haku ʻia nā kālaikuhiʻike e ka hoʻokumu ʻana o kekahi mau kaiāulu kikoʻī i loko o kahi mau ʻāina. Ma mua, he hopena ulūlu o ke kālaikuhiʻike a kālaikuhikanaka ko ka loina naʻauao i hoʻāʻo e naʻi a hoʻohilimia i ka loina ʻŌiwi, a hoʻohāiki ʻia ke ʻano o ka manaʻo a kuanaʻike ʻŌiwi. ʻO ko mākou pahuhopu ke kālele ʻana i nā ʻōnaehana ʻike ʻŌiwi like ʻole a me ke ʻano o ka ʻenehana e hāpai i ka nīnau ʻo ka WʻIH. Ma muli o ia palena, a ma kahi o ka hoʻokuʻikuʻi ʻana he manaʻo lōkahi, he hōʻiliʻili kēia pepa kūlana o kēlā ʻano kēia ʻano o ka moʻokalaleo: ʻo nā manaʻo hoʻokele hakulau ʻoe,, ʻo ka ʻatikala akeakamai ʻoe, ʻo ka wehewehena o ka mana ʻenehana mua ʻoe , a ʻo ka poema ʻoe. I ko mākou manaʻo, he ʻolokeʻa kūpono maoli nā leo a kuanaʻike ʻokoʻa i ka ʻoiaʻiʻo he pae kinohi maoli nō kēia kamaʻilio ʻana, a he hōʻike i ka mea heluhelu no nā kuanaʻike i kupu mai i loko o nā hālāwai hoʻonaʻauao