Requiem for a Paradox: The Dubious Rise and Inevitable Fall of Hipster Antitrust

For antitrust practitioners, scholars, and economists—those who work with antitrust in agencies, courts, or law firms—the development of the antitrust laws over the past half century has been a remarkable and positive development for the American economy and consumers. Over the last fifty years, antitrust has developed into a coherent, principled, and workable body of law that contributes positively not only to American competitiveness and societal well-being, but also helps to export the culture of market competition around the world. Although a healthy diversity of views governs the intellectual landscape in antitrust, and there is no shortage of ideas on how to improve its performance around the margins and within the paradigm of existing doctrine, there is consensus that modern antitrust laws have the core concepts right. Most fundamentally, there is agreement that the goal of protecting consumer welfare is and should be the lodestar of modern antitrust enforcement

Consumer Welfare & the Rule of Law: The Case Against the New Populist Antitrust Movement

Populist antitrust notions suddenly are fashionable again. At their core is the view that antitrust law is responsible for a myriad of purported socio-political problems plaguing society today, including but not limited to rising income inequality, declining wages, and increasing economic and political concentration. Seizing on Americans’ fears about changes to the modern US economy, proponents of populist antitrust policies assert the need to fundamentally reshape how we apply our nation’s competition laws in order to implement a variety of prescriptions necessary to remedy these perceived social ills. The proposals are varied and expansive but have the unifying theme of returning antitrust to the “big-is-bad” enforcement era prevalent in the first half of the twentieth century. But the criticisms populist antitrust proponents raise are generally unsupported and often dramatized, and the resulting policy proposals are, accordingly, fatally flawed. There is sparse evidence today suggesting that the underlying trends these critics purportedly identify are real or in any way linked to lax antitrust enforcement. Ironically, populist antitrust proponents ignore that antitrust law debated over 50 years ago the same proposals that they are raising anew today. At that time, leading jurists, economists, enforcers, and practitioners from across the political spectrum rejected the use of liability standards that seek to evaluate a variety of vague and often contradictory socio-political goals or that condemn conduct based simply on the size of a company. They recognized that these tests led to incoherent and paradoxical results that often did more to hinder than to promote competition by undermining the rule of law and fostering corporate welfare. Instead, antitrust evolved the elegant “consumer welfare standard” that simplified the core issue of what constitutes harm to competition into a straightforward question: does the conduct at issue harm consumers? Today, the consumer welfare standard offers a rigorous, objective, and evidence-based framework for antitrust analysis. It leverages developments in modern economics more reliably to predict when conduct is likely to harm consumers as a result of harm to competition. It offers a tractable test that is broad enough to contemplate a variety of evidence related to consumer welfare but also sufficiently objective and clear to cabin discretion and honor the principle of the rule of law. Perhaps most significantly, it is inherently an economic approach to antitrust that benefits from new economic learning and is capable of evaluating an evolving set of commercial practices and business models. These virtues are precisely the target of the new populist antitrust movement, which seeks to reject economics in favor of mere supposition. This Article makes the case in support of the current consumer welfare standard and against a sweeping set of unsupported populist antitrust reforms. There is significant room for debate within the consumer welfare model for what types of conduct should face antitrust scrutiny, what evidence is relevant, and where liability standards should be drawn. Such debate is healthy and to the benefit of antitrust enforcement. But it does not require abandoning decades of experience and economic learning that would turn back the hands of time and return us to an era where antitrust enforcement was incoherent and deleterious

Ragweed as an Example of Worldwide Allergen Expansion

<p/> <p>Multiple factors are contributing to the expansion of ragweed on a worldwide scale. This review seeks to examine factors that may contribute to allergen expansion with reference to ragweed as a well-studied example. It is our hope that increased surveillance for new pollens in areas not previously affected and awareness of the influence the changing environment plays in allergic disease will lead to better outcomes in susceptible patients.</p

Growth responses of Picea abies to climate in the central part of the Ceskomoravska Upland (Czech Republic)

The aims of the study were to determine the effect of temperatures and precipitation on the ring width and to compare the results with the results of previous studies conducted in other mountain ranges of the Czech Republic. The research was performed in the central part of the Ceskomoravská Upland in the vicinity of Herálec municipality in selected 70- up to 110-year-old spruce stands at altitudes from 680ma.s.l. to 779 m a.s.l. Measuring of tree-ring widths and synchronization of individual ring series were conducted in PAST4. The age trend was removed by ARSTAN and climatic effects were modelled in DendroClim2002. The correlation of tree-ring width with monthly precipitation is positive and statistically significant for July of the previous year and for the entire summer period from June to September of the current year. The correlation of tree-ring width with mean monthly temperatures is negative and statistically significant for July and September and positive and statistically significant for October of the previous year. Negative correlation was also found for temperatures of the entire summer period from June to September of the previous year. The regional tree-ring chronology mainly shows two periods of highly reduced increment: from 1992 to 1996 and from 2003 to the end of the analysed period. The results thus confirm the hypothesis that the tree-ring width is in positive correlation with summer precipitation and negative correlation with summer temperatures. Also the results of the habitual diagnostics have shown a relatively low degree of crown transformation which indicates a weak or short-term stress load

Requiem for a Paradox: The Dubious Rise and Inevitable Fall of Hipster Antitrust

For antitrust practitioners, scholars, and economists—those who work with antitrust in agencies, courts, or law firms—the development of the antitrust laws over the past half century has been a remarkable and positive development for the American economy and consumers. Over the last fifty years, antitrust has developed into a coherent, principled, and workable body of law that contributes positively not only to American competitiveness and societal well-being, but also helps to export the culture of market competition around the world. Although a healthy diversity of views governs the intellectual landscape in antitrust, and there is no shortage of ideas on how to improve its performance around the margins and within the paradigm of existing doctrine, there is consensus that modern antitrust laws have the core concepts right. Most fundamentally, there is agreement that the goal of protecting consumer welfare is and should be the lodestar of modern antitrust enforcement

Notes towards an optimal sampling strategy in dendroclimatology

Though the extraction of increment cores is common practice in tree-ring research, there is no standard for the number of samples per tree, or trees per site needed to accurately describe the common growth pattern of a discrete population of trees over space and time. Tree-ring chronologies composed of living, subfossil and archaeological material often combine an uneven distribution of increment cores and disc samples. The effects of taking one or two cores per tree, or even the inclusion of multiple radii measurements from entire discs, on chronology development and quality remain unreported. Here, we present four new larch (Larix cajanderi Mayr) ring width chronologies from the same 20 trees in northeastern Siberia that have been independently developed using different combinations of core and disc samples. Our experiment reveals: i) sawing is much faster than coring, with the latter not always hitting the pith; ii) the disc-based chronology contains fewer locally absent rings, extends further back in time and exhibits more growth coherency; iii) although the sampling design has little impact on the overall chronology behaviour, lower frequency information is more robustly obtained from the disc measurements that also tend to reflect a slightly stronger temperature signal. In quantifying the influence of sampling strategy on the quality of tree-ring width chronologies, and their suitability for climate reconstructions, this study provides useful insights for optimizing fieldwork campaigns, as well as for developing composite chronologies from different wood sources

Oak (Quercus spp.) response to climate differs more among sites than among species in central Czech Republic

Climatic parameters are the main environmental factors affecting tree growth. The main aim of the presented study was to determine whether different oak species growing under contrasting environmental conditions show different sensitivity to climatic parameters. Four oak stands with Quercus robur, Quercus petraea, Quercus polycarpa and Quercus dalechampii growing in the same area were evaluated. Standard dendrochronological methods were used for sample preparation, ring width measurements, cross-dating, chronology development, and the assessment of growth-climate response patterns. Although the species grew under different environmental conditions, their local tree-ring chronologies are highly correlated. The radial growth responses to climatic parameters differ slightly, but the response depends more on local site conditions than on the oak species. At the same time, the strongest correlations between radial growth and climatic parameters were identical among species and sites. The amount of water available in the soil was the main climate-dependent factor limiting radial growth. Approximately since the 1990s, the distribution of rainfalls within the growing season has changed at the expense of spring precipitation. The significance of relative soil moisture content during spring for oak growth increased and the significance of summer values decreased