The quantification of damages caused by an infringement of Art. 101 or Art. 102 TFEU: is arbitration really a short cut?

The quantification of damages for a breach of Article 101 or 102 TFEU is complex, demanding and time consuming. Over the last few years, it has become one of the main issues in policy discussions within the European Union (EU). In particular, the European Commission (EC) investigated and revealed that the procedure for the quantification of damages caused by a breach of EU antitrust laws not only requires expert economic and econometric skills, but varies from Member State to Member State. As a consequence of this disparity, the EC issued new guidelines to render uniform the procedure for the quantification of damages caused by antitrust breaches across Member States and adopted new regulations to encourage private actions for damages. The latter aim at encouraging the use of alternative dispute resolution (ADR) methods, most notably arbitration, to resolve antitrust disputes as they provide a more expedient process and a fairer solution than a national court judgment. Furthermore, arbitration may be compared to a noncooperative or Bayesian game. Indeed, an antitrust dispute is characterised by asymmetric information. Hence, the parties thereto act strategically in order to push the arbitrator to issue a settlement in their favour. As a result, both parties are incentivized to make extreme offers, the effect of which is to slow down the arbitration proceedings and lead the arbitrator to reach a settlement which does not correctly quantify the damages suffered. Thus, we require a system that has the double effect of encouraging the parties to avoid adopting extreme positions and converge in their offers. The amended final offer arbitration (AFOA) seems to comply with both these equirements. Nevertheless, the fact that it involves a punishment could prove counter-productive by discouraging the parties from actually selecting arbitration as an ADR method to resolve their disputes. Thus, to be an effective private action for damages caused by an infringement of Article 101 or 102 TFEU, arbitration must be structured in a manner that enables the arbitrator to reach a fair settlement, encourages the parties to converge in their offers and incentivises the parties to actually select such arbitration mechanism to resolve their disputes

Demonstration that a Case of Human Alveolar Echinococcosis in Minnesota in 1977 was Caused by the N2 Strain.

Alveolar echinococcosis is the most serious helminthic zoonosis of the northern hemisphere affecting humans. The causative agent, Echinococcus multilocularis, occurs in geographically distinct strains that can be distinguished based on sequence variations of mitochondrial genes and nuclear microsatellite targets. This report finds that the human case of Alveolar echinococcosis occurring in Minnesota in 1977 was caused by the N2 haplotype described previously; the N2 haplotype is distinct from European and Asian isolates of the parasite and is restricted to the central region of North America

Multi-Species Feeding Association Dynamics Driven by a Large Generalist Predator

Multi-species feeding associations (MSFAs) are temporary communities of animals exploiting the same or co-occurrent resources. Their dynamics are species dependent, often creating competitive interactions, but they can also increase foraging efficiency and ultimately individual fitness. The foraging behaviors of some species can enhance prey capture by others, with different roles depending on the species present. Here, we use the Hauraki Gulf, New Zealand, as a model system to quantitatively characterize the principal types of MSFAs between 2011 and 2020. We determine the foraging associations of a large generalist predator, the Bryde’s whale, and how shifts in its prey preference change the dynamics between seabird competitors. Hierarchical clustering from influential predator groups identified three types of MSFAs. Two of mainly fish-feeding predators, one including and one lacking Bryde’s whales, and one involving (although not limited to) plankton-feeders associated with Bryde’s whales. Cluster frequencies featured significant temporal trends, whereas MSFA diversity and whale association rate showed no significant changes. Bryde’s whales’ increasing reliance on zooplankton highlights their foraging plasticity, with changes in cluster frequencies and resource competition related to this shift from fish to zooplankton. The role of Bryde’s whales varies from joiners and terminators in fish-feeding aggregations to initiators with plankton-feeding seabird associations, thereby changing the MSFA dynamics. MSFAs tend toward a diversity equilibrium, i.e., a maximum number of species involved before competitive effects exceed the benefits of interaction. Functional MSFAs where heterospecific interactions are important to foraging success can be affected by changing composition. Future work should focus on the behavioral interactions between key predators, prey availability and their effect on MSFAs

The quantification of damages caused by an infringement of Art. 101 or Art. 102 TFEU: is arbitration really a short cut?

The quantification of damages for a breach of Article 101 or 102 TFEU is complex, demanding and time consuming. Over the last few years, it has become one of the main issues in policy discussions within the European Union (EU). In particular, the European Commission (EC) investigated and revealed that the procedure for the quantification of damages caused by a breach of EU antitrust laws not only requires expert economic and econometric skills, but varies from Member State to Member State. As a consequence of this disparity, the EC issued new guidelines to render uniform the procedure for the quantification of damages caused by antitrust breaches across Member States and adopted new regulations to encourage private actions for damages. The latter aim at encouraging the use of alternative dispute resolution (ADR) methods, most notably arbitration, to resolve antitrust disputes as they provide a more expedient process and a fairer solution than a national court judgment. Furthermore, arbitration may be compared to a noncooperative or Bayesian game. Indeed, an antitrust dispute is characterised by asymmetric information. Hence, the parties thereto act strategically in order to push the arbitrator to issue a settlement in their favour. As a result, both parties are incentivized to make extreme offers, the effect of which is to slow down the arbitration proceedings and lead the arbitrator to reach a settlement which does not correctly quantify the damages suffered. Thus, we require a system that has the double effect of encouraging the parties to avoid adopting extreme positions and converge in their offers. The amended final offer arbitration (AFOA) seems to comply with both these equirements. Nevertheless, the fact that it involves a punishment could prove counter-productive by discouraging the parties from actually selecting arbitration as an ADR method to resolve their disputes. Thus, to be an effective private action for damages caused by an infringement of Article 101 or 102 TFEU, arbitration must be structured in a manner that enables the arbitrator to reach a fair settlement, encourages the parties to converge in their offers and incentivises the parties to actually select such arbitration mechanism to resolve their disputes.The quantification of damages for a breach of Article 101 or 102 TFEU is complex, demanding and time consuming. Over the last few years, it has become one of the main issues in policy discussions within the European Union (EU). In particular, the European Commission (EC) investigated and revealed that the procedure for the quantification of damages caused by a breach of EU antitrust laws not only requires expert economic and econometric skills, but varies from Member State to Member State. As a consequence of this disparity, the EC issued new guidelines to render uniform the procedure for the quantification of damages caused by antitrust breaches across Member States and adopted new regulations to encourage private actions for damages. The latter aim at encouraging the use of alternative dispute resolution (ADR) methods, most notably arbitration, to resolve antitrust disputes as they provide a more expedient process and a fairer solution than a national court judgment. Furthermore, arbitration may be compared to a noncooperative or Bayesian game. Indeed, an antitrust dispute is characterised by asymmetric information. Hence, the parties thereto act strategically in order to push the arbitrator to issue a settlement in their favour. As a result, both parties are incentivized to make extreme offers, the effect of which is to slow down the arbitration proceedings and lead the arbitrator to reach a settlement which does not correctly quantify the damages suffered. Thus, we require a system that has the double effect of encouraging the parties to avoid adopting extreme positions and converge in their offers. The amended final offer arbitration (AFOA) seems to comply with both these equirements. Nevertheless, the fact that it involves a punishment could prove counter-productive by discouraging the parties from actually selecting arbitration as an ADR method to resolve their disputes. Thus, to be an effective private action for damages caused by an infringement of Article 101 or 102 TFEU, arbitration must be structured in a manner that enables the arbitrator to reach a fair settlement, encourages the parties to converge in their offers and incentivises the parties to actually select such arbitration mechanism to resolve their disputes.LUISS PhD Thesi

Equine Endometrial Explants Undergo Significant Degenerative Changes in Culture

The current study evaluated equine endometrial explants following 12, 24, and 48 hours in culture. Measurement of an indicator of cell death in explant supernatant, light microscopy, and gene expression of biomarkers of endometrial function and cellular stress, were used to compare the effect of six different media on explant viability and morphology. Viability of explants was assessed indirectly through measuring LDH activity in the culture supernatant. Regardless of culture medium composition, a significant increase in LDH activity was observed within 12 hours of culture, indicating occurrence of cell damage. Morphological analysis through light microscopy revealed degenerative changes occurring within 12 hours and after 48 hours there is nearly complete loss of luminal and superficial glandular epithelium and diffuse detachment of deep glandular epithelium. Transcript abundance of prostaglandin-endoperoxide synthase 2 (PTGS2), estrogen receptor 1 (ESR1), and vascular endothelial growth factor (VEGF) was assessed as biomarkers of endometrial function. A marked increase in PTGS2 and VEGF expression occurred, ESR1 displayed more or less steady expression levels. Above described changes were seen irrespective of cell culture medium used. The marked increase in expression in PTGS2 expression presents a limitation to using endometrial explants in the current culture system to study aspects of endometrial function such as the inflammatory response to insemination

What is going on between aposematic carabide beetles? The case of Anchomenus dorsalis (Pontoppidan, 1763) and Brachinus sclopeta (Fabricius, 1792) (Coleoptera, Carabidae)

Interspecific aggregations among insects are quite common, but not among carabid beetles. Moreover, aggregations of aposematic species, and morphologically similar beetles such as Anchomenus dorsalis and Brachinus sclopeta are even rarer. Most interestingly, in these aggregations, we observed a peculiar rubbing behaviour of A. dorsalis towards B. sclopeta. In this study we aimed (i) to verify if A. dorsalis displays the rubbing behaviour towards non-aposematic species, (ii) to describe in detail and to quantify this behaviour between A. dorsalis and B. sclopeta, and (iii) to verify if previous experience of inter-specific gregariousness with the same species may exert some effects on the frequency of the rubbing display. We have investigated the qualitative and quantitative characteristics of rubbing behaviour towards aposematic and non-aposematic carabide beetle species, and then we used A. dorsalis and B. sclopeta as model species. We tested the rubbing of A. dorsalis towards B. sclopeta with either solitary A. dorsalis or in A. dorsalis coming from monospecific (A. dorsalis) or from heterospecific (A. dorsalis and B. sclopeta) aggregations. We finally tested the effectiveness of the B. sclopeta cuticular odour in eliciting rubbing from A. dorsalis by presenting olfactory dummies (special paper) either soaked with water or after it had previously been placed in a monospecific group of B. sclopeta for 15 days. First of all, we found important differences in the occurrence of rubbing behaviour towards aposematic and non-aposematic species, as A. dorsalis displayed the rubbing only towards the former. Secondly, rubbing frequency depended on the pre-test conditions (isolated, mono- or heterospecific aggregations) of the tested A. dorsalis individuals, as no rubbing occurred in individuals coming from heterospecific aggregations. The paper presentation tests demonstrated that the odour of B. sclopeta was sufficient to provoke rubbing in A. dorsalis. We conclude that aggregation in these species of carabid beetles may influence their anti-predatory defences possibly increasing the effectiveness of the aposematic (warning) signals. More work is needed to delineate in detail the evolutionary significance of this behaviour, focusing on the possibility that interspecific aggregations may not be so rare in ground beetles, and that this positive interaction could involve a larger number of species and genera, at least in wet, sun-exposed and open land habitat types

Morphometry and eye morphology in three species of Carabus (Coleoptera: Carabidae) in relation to habitat demands

Morphological features of three common European olfactory hunting carabid beetles, Carabus coriaceus mediterraneus Born, 1906, Carabus lefebvrei Dejean, 1826 and Carabus preslii neumeyeri Schaum, 1856, were compared. According to eye measurements, the three species are nocturnal and/or twilight hunters. They differ, however, in relative length of the antennae, relative surface area of the compound eyes, density of ommatidia and relative head width. These differences can be correlated with the species-specific habitat demands (light intensity, open land or shaded places). In particular, the greater lateral eye protrusion in C. lefebvrei corresponds to its tree-climbing habits, while the larger relative eye surface area and ommatidia density in C. coriaceus correspond to its choice of open habitats

A global assessment of Echinococcus multilocularis infections in domestic dogs: proposing a framework to overcome past methodological heterogeneity

Echinococcus multilocularis , the aetiological agent of human Alveolar Echinococcosis (AE), is transmitted between small mammals and wild or domestic canids. Dogs infected with E. multilocularis can transmit this infection to humans and infect themselves with canine AE as dead-end hosts. Whereas E. multilocularis infections in wild hosts and humans have been well-studied in the last decades, infections in domestic dogs are sparsely reported. This literature review and meta-analysis highlights gaps in the available data and provided a re-assessment of the global distribution of domestic dog E. multilocularis infections. We found 46 published articles documenting the prevalence of E. multilocularis in domestic dogs from 21 countries across Europe, Asia, and North America. Apparent prevalence estimates ranged from 0.00% (0.00-0.33%) in Germany to 55.50% (26.67-81.12%) in China. Most studies were conducted in areas of high human AE. By accounting for reassessed diagnostic sensitivity and specificity, we estimated true prevalence in a sub-set of studies, which varied between 0.00% (0.00-12.42%) and 41.09% (21.12- 65.81%) as these true prevalence estimates were seldom reported in the articles themselves. Articles also showed a heavy emphasis on rural dogs dismissing urban ones, which is concerning due to the role urbanization plays in the transmission of zoonotic diseases, especially those utilizing pets as definitive hosts. Lastly, population studies on canine AE were absent, highlighting the relative focus on human rather than animal health. We thus developed a framework for investigating domestic dog E. multilocularis infections and performing risk assessment of dog-associated transmission to fill the gaps found in these literatures

Human Activity Helps Prey Win the Predator-Prey Space Race

Predator-prey interactions, including between large mammalian wildlife species, can be represented as a “space race”, where prey try to minimize and predators maximize spatial overlap. Human activity can also influence the distribution of wildlife species. In particular, high-human disturbance can displace large carnivore predators, a trait-mediated direct effect. Predator displacement by humans could then indirectly benefit prey species by reducing predation risk, a trait-mediated indirect effect of humans that spatially decouples predators from prey. The purpose of this research was to test the hypothesis that high-human activity was displacing predators and thus indirectly creating spatial refuge for prey species, helping prey win the “space race”. We measured the occurrence of eleven large mammal species (including humans and cattle) at 43 camera traps deployed on roads and trails in southwest Alberta, Canada. We tested species co-occurrence at camera sites using hierarchical cluster and nonmetric multidimensional scaling (NMS) analyses; and tested whether human activity, food and/or habitat influenced predator and prey species counts at camera sites using regression tree analysis. Cluster and NMS analysis indicated that at camera sites humans co-occurred with prey species more than predator species and predator species had relatively low co-occurrence with prey species. Regression tree analysis indicated that prey species were three times more abundant on roads and trails with >32 humans/day. However, predators were less abundant on roads and trails that exceeded 18 humans/day. Our results support the hypothesis that high-human activity displaced predators but not prey species, creating spatial refuge from predation. High-human activity on roads and trails (i.e., >18 humans/day) has the potential to interfere with predator-prey interactions via trait-mediated direct and indirect effects. We urge scientist and managers to carefully consider and quantify the trait-mediated indirect effects of humans, in addition to direct effects, when assessing human impacts on wildlife and ecosystems

Anti-predator behaviour of the red-legged partridge Alectoris rufa (Galliformes: Phasianidae) to simulated terrestrial and aerial predators

This study is intended to investigate the differences in anti-predator behavioural and acoustic response to terrestrial and aerial predators as well as the behavioural differences between sexes in the red-legged partridge. To this aim we observed the response of 114 partridge (57 males and 57 females) to dummy terrestrial and aerial predators, a raptor and a fox. We divided behavioural responses to predators into four mutually exclusive categories: vigilance, freezing, escape and non-anti-predator behaviours. We also recorded and analysed the vocalizations emitted during tests. The animals reacted differently to aerial and terrestrial stimuli. The reactions elicited by the terrestrial predator were ranked as follows: vigilance, escape, non-anti-predator behaviours, and freezing. Those elicited by the aerial predator were ranked as follows: vigilance, freezing, escape and non-anti-predator behaviours. Vigilance and escape were elicited more frequently by the terrestrial predator than by the aerial predator (vigilance: p 0.001; escape: p 0.001). Freezing was the most frequent behaviour following the appearance of the aerial predator (p 0.001). In fact, freezing may represent an effective strategy in an open space, combining camouflage from and detection by the predator. On the other hand, vigilance is an effective behaviour to detect and avoid a terrestrial predator hunting by ambush. We did not find clear-cut differences between sexes. The analysis of vocalizations revealed that the fox and the raptor elicited significantly different calls (p = 0.003); the fox evoked significantly more vocalizations than the raptor (p 0.001), differing in addition in frequency parameters. Thus partridges not only discriminate between aerial and terrestrial predators and behave consequently, but are also able to tune alarm calls in relation to the context of predation