\u3ci\u3eFTC v. Lundbeck\u3c/i\u3e: Is Anything in Antitrust Obvious, Like, Ever?

In FTC v. Lundbeck, the Eighth Circuit affirmed a bench verdict finding a merger to monopoly, followed by a 1400% price increase, not only legal, but effectively not even subject to antitrust. The result followed from the district court\u27s view that peculiarities in the market for hospital-administered drugs rendered it essentially immune from price competition. That being the case, the court found that even products very plainly substitutable on any traditional functional interchangeability analysis are not in the same relevant market for purposes of rules governing horizontal mergers. We think the court\u27s analysis was incorrect for a number of factual reasons, but stress that, much more importantly, a case like Lundbeck calls for return to traditionally broad, prophylactic rules

Brief of Amicus Curiae American Antitrust Institute in support of Appellants and Reversal of the District Court\u27s Decision, Federal Trade Commission and State of Minnesota v. Lundbeck, Inc. Nos. 10-3548 and 10-3549, United States Court of Appeals for the Eighth District (2011)

The basis for the District Court’s ruling was its view that cross-price elasticity of demand was “very low” between the two drugs acquired by Lundbeck, and therefore that they could not be in the same relevant market.2 AAI urges reversal on three grounds. First, assuming arguendo that crossprice elasticity was low – even if it were zero – the court’s approach fundamentally misapprehended the law. A lack of price competition between two functionally interchangeable products does not preclude a determination that they are in the same relevant market. Second, regardless of “low” cross-price elasticity, the acquisition removed an actual or potential constraint on a monopolist’s ability to exercise monopoly power and was therefore anticompetitive and illegal under Section 7 of the Clayton Act and Section 2 of the Sherman Act. And third, the court’s finding of “low” crossprice elasticity should be rejected because it cannot be reconciled with the rest of its findings and is otherwise riddled with errors

Brief of Amicus Curiae American Antitrust Institute in support of Appellants and Reversal of the District Court\u27s Decision, Federal Trade Commission and State of Minnesota v. Lundbeck, Inc. Nos. 10-3548 and 10-3549, United States Court of Appeals for the Eighth District (2011)

The basis for the District Court’s ruling was its view that cross-price elasticity of demand was “very low” between the two drugs acquired by Lundbeck, and therefore that they could not be in the same relevant market.2 AAI urges reversal on three grounds. First, assuming arguendo that crossprice elasticity was low – even if it were zero – the court’s approach fundamentally misapprehended the law. A lack of price competition between two functionally interchangeable products does not preclude a determination that they are in the same relevant market. Second, regardless of “low” cross-price elasticity, the acquisition removed an actual or potential constraint on a monopolist’s ability to exercise monopoly power and was therefore anticompetitive and illegal under Section 7 of the Clayton Act and Section 2 of the Sherman Act. And third, the court’s finding of “low” crossprice elasticity should be rejected because it cannot be reconciled with the rest of its findings and is otherwise riddled with errors

Investigation of river eutrophication as part of a low dissolved oxygen TMDL implementation

In the United States, environmentally impaired rivers are subject to regulation under total maximum daily load (TMDL) regulations that specify watershed wide water quality standards. In California, the setting of TMDL standards is accompanied by the development of scientific and management plans directed at achieving specific water quality objectives. The San Joaquin River (SJR) in the Central Valley of California now has a TMDL for dissolved oxygen (DO). Low DO conditions in the SJR are caused in part by excessive phytoplankton growth (eutrophication) in the shallow, upstream portion of the river that create oxygen demand in the deeper estuary. This paper reports on scientific studies that were conducted to develop a mass balance on nutrients and phytoplankton in the SJR. A mass balance model was developed using WARMF, a model specifically designed for use in TMDL management applications. It was demonstrated that phytoplankton biomass accumulates rapidly in a 88 km reach where plankton from small, slow moving tributaries are diluted and combined with fresh nutrient inputs in faster moving water. The SJR-WARMF model was demonstrated to accurately predict phytoplankton growth in the SJR. Model results suggest that modest reductions in nutrients alone will not limit algal biomass accumulation, but that combined strategies of nutrient reduction and algal control in tributaries may have benefit. The SJR-WARMF model provides stakeholders a practical, scientific tool for setting remediation priorities on a watershed scale

Quality Assurance and its impact on ovarian visualisation rates in the multicentre United Kingdom Collaborative Trial of Ovarian Cancer Screening (UKCTOCS)

OBJECTIVE: To describe the quality assurance (QA) processes and their impact on visualisation of postmenopausal ovaries in the ultrasound arm of a multicentre ovarian cancer screening trial. METHODS: In UKCTOCS, 50,640 women aged 50-74 at recruitment were randomised to the ultrasound arm and underwent annual transvaginal scans. QA processes were developed during the course of the trial and included regular monitoring of Visualisation Rate (VR) of right ovary. Non-subjective factors previously identified as impacting on VR of right ovary were included in a generalised estimating equation(GEE) model for binary outcomes to enable comparison of observed versus adjusted VR between individual sonographers who had undertaken >1000scans on trial /centres. Analysis of annual VR of sonographers / centres was undertaken. RESULTS: Between June 2001 and December 2010, across 13 centres, 48230 (of 50639) women attended for 270035 annual transvaginal scans. One or both ovaries were seen in 84.5% (228145/270035) of scans. The observed VR of the right ovary was 72.7% (196426/270035). For the 78 sonographers included in the model, the median difference between observed and adjusted VR was 2% (range 0-8%) and median change in rank was 3 (range 0-18). For the 13 centres, the median difference between observed versus adjusted VR was 0% (range 0-2%) with no change in ranking. The median adjusted VR for sonographers was 73% (IQR 65-82%) and for centres was 74.7% (IQR 67.1-79.0%). Despite increasing age of the cohort, there was a steady decrease in the number of sonographers with VR80% (14.3% in 2002 to 40.8 % in 2010). Median centre VR increased from 65.5% (range 55.7-81.0%) in 2001 to 80.3% (range74.5%-90.9%) in 2010. CONCLUSIONS: A robust QA programme can improve visualisation of postmenopausal ovaries and is an essential component of ultrasound-based ovarian cancer screening trials. While VR should be adjusted for non-subjective factors that impact on ovarian visualisation, subjective factors are likely to be the largest contributors to VR differences

Perfluorinated Alkyl Acids in Plasma of American Alligators (Alligator Mississippiensis) from Florida and South Carolina

This study aimed to quantitate fourteen perfluoroalkyl acids (PFAAs) in 125 adult American alligators at twelve sites across the southeastern US. Of those fourteen PFAAs, nine were detected in 65% - 100% of the samples: PFOA, PFNA, PFDA, PFUnA, PFDoA, PFTriA, PFTA, PFHxS, and PFOS. Males (across all sites) showed significantly higher concentrations of four PFAAs: PFOS (p = 0.01), PFDA (p = 0.0003), PFUnA (p = 0.021), and PFTriA (p = 0.021). Concentrations of PFOS, PFHxS, and PFDA in plasma were significantly different among the sites in each sex. Alligators at Merritt Island National Wildlife Refuge and Kiawah Nature Conservancy both exhibited some of the highest PFOS concentrations (medians 99.5 ng/g and 55.8 ng/g respectively) in plasma measured to date in a crocodilian species. A number of positive correlations between PFAAs and snout-vent length (SVL) were observed in both sexes suggesting PFAA body burdens increase with increasing size. In addition, several significant correlations among PFAAs in alligator plasma may suggest conserved sources of PFAAs at each site throughout the greater study area. This study is the first to report PFAAs in American alligators, reveals potential PFAA hot spots in Florida and South Carolina, and provides and additional contaminant of concern when assessing anthropogenic impacts on ecosystem health

Narcissism and prosocial behavior

There are many motivations for prosocial behavior, some more altruistic and some more egoistic. We posit that more narcissistic people may perform prosocial acts strategically, for example, to improve their reputations or to receive something in return