Emerging trends in US antitrust and EU competition law ENTraNCE annual conference

The first ENTraNCE Annual Conference was held on 14-15 October 2016, with the aim of discussing the most recent developments, both in the US and in the EU, while estimating the degree of convergence between the two main antitrust jurisdictions. The event was divided into four panels, which dealt, respectively, with (i) recent developments in relation to the assessment of horizontal and vertical agreements in online markets; (ii) merger trends in innovation markets on the two sides of the Atlantic; (iii) antitrust enforcement in innovation industries: Google and the SEP cases, on both sides of the Atlantic; (iv) private enforcement in the EU and the US in the aftermath of the EU Damages Directive. The Annual Conference gathered different stakeholders together, including representatives from National Competition Authorities (NCAs), international organisations, academia, industry, and law and consulting firms. The diversity of views ensured a lively debate. While participants agreed on various issues, the discussion revealed the need for further research on those issues that have not yet been sufficiently explored. This policy brief summarises the main points raised during the discussion, and it seeks to stimulate further debate.ENTraNCE Training of National Judges – Call for Proposals 2014. Financial support of DG Competition of the European Commission. Grant agreement HT.4430/SI2.701599ENTraNCE Training of National Judges – Call for Proposals 2014. Financial support of DG Competition of the European Commission. Grant agreement HT.4430/SI2.70159

Nephrops norvegicus in the Adriatic Sea: Connectivity modeling essential fish habitats and management area network

AbstractKnowledge of connectivity among subpopulations is fundamental in the identification of the appropriate geographical scales for stock status evaluation and management, the identification of areas with greater retention rates, and space‐based fisheries management. Here, an integration of hydrodynamic, biological, and habitat models results is used to assess connectivity and support the definition of essential fish habitats (EFH) in the Adriatic Sea, with reference to Nephrops norvegicus, an important benthic commercial resource, the recruitment of which is strongly related to larval dispersal from spawning to recruitment areas. We explored oceanographic and biological connectivity in the Adriatic Sea under a wide and representative variety of oceanographic conditions (winters 2006–2012) by tracking 3D trajectories of larvae released from different areas. We used a Lagrangian model that features a specific larval behavior module with explicit dependence on environmental parameters (i.e., temperature and sediment type) and that is driven by high‐resolution hydrodynamic and meteorological data. The results were used to partition the area in which Nephrops was observed into 20 homogenous management subareas; to assess the connection between spawning, recruitment, and harvesting grounds; and to identify potential subpopulation boundaries as well as the connectivity among the potential subpopulations. The results suggest the presence of at least three distinct subpopulations, which need to be independently managed and conserved, and confirms that the Jabuka‐Pomo pit is the most important spawning area, but alone it cannot sustain Nephrops populations throughout the Adriatic Sea. The results also show the importance to move from particle‐tracking to approaches based on integrated models

Cumulative Impact Index for the Adriatic Sea: Accounting for interactions among climate and anthropogenic pressures

Assessing and managing cumulative impacts produced by interactive anthropogenic and natural drivers is a major challenge to achieve the sustainable use of marine spaces in line with the objectives of relevant EU acquis. However, the complexity of the marine environment and the uncertainty linked to future climate and socio-economic scenarios, represent major obstacles for understanding the multiplicity of impacts on the marine ecosystems and to identify appropriate management strategies to be implemented. Going beyond the traditional additive approach for cumulative impact appraisal, the Cumulative Impact Index (CI-Index) proposed in this paper applies advanced Multi-Criteria Decision Analysis techniques to spatially model relationships between interactive climate and anthropogenic pressures, the environmental exposure and vulnerability patterns and the potential cumulative impacts for the marine ecosystems at risk. The assessment was performed based on spatial data characterizing location and vulnerability of 5 relevant marine targets (e.g. seagrasses and coral beds), and the distribution of 17 human activities (e.g. trawling, maritime traffic) during a reference scenario 2000-2015. Moreover, projections for selected physical and biogeochemical parameters (temperature and chlorophyll 'a') for the 2035-2050 timeframe under RCP8.5 scenario, were integrated in the assessment to evaluate index variations due to changing climate conditions. The application of the CI-Index in the Adriatic Sea, showed higher cumulative impacts in the Northern part of the basin and along the Italian continental shelf, where the high concentration of human activities, the seawater temperature conditions and the presence of vulnerable benthic habitats, contribute to increase the overall impact estimate. Moreover, the CI-Index allowed understanding which are the phenomena contributing to synergic pressures creating potential pathways of environmental disturbance for marine ecosystems. Finally, the application in the Adriatic case showed how the output of the CI-Index can provide support to evaluate multi-risk scenarios and to drive sustainable maritime spatial planning and management

Validation of a Simple, Rapid, and Cost-Effective Method for Acute Rejection Monitoring in Lung Transplant Recipients

Despite advances in immunosuppression therapy, acute rejection remains the leading cause of graft dysfunction in lung transplant recipients. Donor-derived cell-free DNA is increasingly being considered as a valuable biomarker of acute rejection in several solid organ transplants. We present a technically improved molecular method based on digital PCR that targets the mismatch between the recipient and donor at the HLA-DRB1 locus. Blood samples collected sequentially post-transplantation from a cohort of lung recipients were used to obtain proof-of-principle for the validity of the assay, correlating results with transbronchial biopsies and lung capacity tests. The results revealed an increase in dd-cfDNA during the first 2 weeks after transplantation related to ischemia-reperfusion injury (6.36 ± 5.36%, p < 0.0001). In the absence of complications, donor DNA levels stabilized, while increasing again during acute rejection episodes (7.81 ± 12.7%, p < 0.0001). Respiratory tract infections were also involved in the release of dd-cfDNA (9.14 ± 15.59%, p = 0.0004), with a positive correlation with C-reactive protein levels. Overall, the dd-cfDNA percentages were inversely correlated with the lung function values measured by spirometry. These results confirm the value of dd-cfDNA determination during post-transplant follow-up to monitor acute rejection in lung recipients, achieved using a rapid and inexpensive approach based on the HLA mismatch between donor and recipient

Position statement on the European commission’s call for evidence for an impact assessment on standard-essential patents

On 14th February 2022, the European Commission published a ‘Call for evidence for an impact assessment’ (Call for Evidence) and Public Consultation related to a new framework for standard essential patents (SEPs). The Florence School of Regulation: Area Communications & Media (FSR C&M) of the European University Institute (EUI) is thankful for the opportunity to provide its feedback. Our team of researchers has significant research, policy and training experience in the areas of telecommunications regulation, standardisation and EU competition policy. In this paper, we focus on four specific points raised by the Call for Evidence: 1) the necessity and proportionalityof any SEP licensing policy measure; 2) the measures that increase the transparency of the SEP landscape; 3) the optimal level of licensing in the production chain; 4) the alternative dispute resolution mechanisms for Fair, Reasonable and Non-Discriminatory (FRAND) licenses. Our contribution aims to be a catalyst for the debate about the appropriate SEP licensing framework

Copernicus Ocean State Report, issue 6

The 6th issue of the Copernicus OSR incorporates a large range of topics for the blue, white and green ocean for all European regional seas, and the global ocean over 1993–2020 with a special focus on 2020

Hipster antitrust, the European way?

On 25 October 2019, the Robert Schuman Centre for Advanced Studies hosted the fourth Annual Conference of the Florence Competition Programme (FCP) at the European University Institute (EUI) campus in Florence. The conference discussed the main ideas behind the new 'hipster antitrust' movement in USA and its influence on EU competition policy. The event was opened with a keynote speech delivered by Prof. Marina Lao, Seton Hall University. The conference was divided into three panels, which dealt respectively with i) 'The goals of EU competition policy: shall we go beyond consumers’ welfare?'; ii) 'Exploitative abuses in the pharma and digital markets' and iii) 'How to tackle concentration in digital markets'. The event gathered different stakeholders, including competition enforcers, as well as representatives from academia, industry, law and economic consulting firms. The diversity of views ensured a lively debate. This Policy Brief summarises the main points raised during the discussion and seeks to stimulate further debate

EU state aid law : emerging trends at the national and EU level

The Florence Competition Programme (FCP) of the European University Institute (EUI) recently organised two workshops in Brussels with Bird & Bird LLP and Gianni, Origoni, Grippo, Cappelli & Partners LLP. The first event, entitled ‘EU State aid policy: the forecast for the next five years’, was held on 28th November, 2019. It included two panels followed by a keynote speech, which was delivered by Nicola Pesaresi, Head of State Aid Unit I, Energy and Environment, at DG Competition of the European Commission. The second event, entitled ‘The Role of National Courts in State Aid enforcement’, took place on 23rd January, 2020. It was comprised of an introductory session and a roundtable of discussion. During both events, the FCP team presented the recent study on the role of national courts in State aid enforcement. The study, published by DG Competition in July, 2019, was carried out by a consortium, including Spark Legal Network, the Florence Competition Programme, Ecorys and Caselex. In addition, the volume “EU State Aid Law - Emerging Trends at the National and EU Level” was presented during the second workshop in Brussels. The book, edited by Prof. Parcu, Prof. Monti and Dr. Botta, was published by Edward Elgar Publishing in February, 2020. In view of the similarities of the topics, the present Policy Brief summarises the main points that were debated upon during the two workshops, and it seeks to stimulate further debate

Assessing innovation theories of harm in EU merger control

On 15 April 2019, the Florence Competition Programme (FCP) organised its third Advanced Competition Seminar in the context of the 2018/2019 edition of the FCP Annual Training. The seminar focused on the analysis of the main innovation-related theories of harm elaborated in the field of EU merger control, taking into account that the current debate on the matter revolves around the opportunity to change the legal framework in domains where innovation represents a crucial competitive dimension. In particular, speakers observed that the topic is increasingly attracting policy makers’ attention, since we are currently witnessing an important consolidation wave, especially in the digital industries, in the USA and, to some extent, in the EU, too. Furthermore, the discussion shed light on the fact that, besides stimulating growth and technological change, innovation is being perceived as an antidote to the accumulation of market power, which is becoming a key parameter of competition in policy discourse and, as a result, it spurred heated discussions on its future evolution. As a matter of fact, while the analytical apparatus for standard price effects has been developed extensively throughout the European Commission’s case practice, there exists a substantial lack of both theoretical models and scientific tools that can be used in the assessment of anticompetitive harm when innovation is at stake