30 research outputs found
The Disclosure of Evidence Under the ‘Antitrust Damages’ Directive 2014/104/EU
The aim of this contribution is to reflect on the principles underpinning the disclosure of evidence under Directive 2014/104/EU, namely the principles of proportionality, effectiveness, equivalence and consistency. It also aims to review the legislative techniques that the Directive has used in order to codify the previous case law of the European Union (EU) courts and to discuss several recent rulings, including Carglass, Pilkington, Evonik Degussa and others. Finally, the author draws conclusions on the adequacy of the achieved codification of the previous case law on the disclosure of evidence and access to such evidence, as well as on its potential implications for the Member States. This contribution is based on a presentation delivered at the 4th Petar Šarčević international conference on ‘EU Competition and State Aid Rules: Interaction between Public and Private Enforcement’ in Rovinj, Croatia. The author would like to thank the organisers of the wonderful conference, the editors and commentators, especially Vlatka Butorac Malnar, Judges Vesna Tomljenović, Marc Jaeger, Viktor Kreuschitz and Miro Prek, and also Marc Barennes and Nuria Bermejo Gutierrez
Abuse of Global Platform Dominance or Competition on the Merits?
Contrary to mainstream opinion, suggesting that dominant online platforms compete on their own merits and that their abuse of the large-scale accumulation of data should fall under data or privacy laws, this article argues that competition law should investigate whether global platform competition has been established on merit alone and how digital dominance has been strengthened through the downfall of emerging competition (the exclusionary harm) and the excessive combination of individuals\u27 data (exploitative harm). To frame the theory of competitive harm in a global context, this article compares several of the most recent cases involving digital giants such as Google, Facebook, and Amazon in both pro-active jurisdictions, as well as in less interventionist jurisdictions. In doing so, the author challenges the existing categorization of abuse of a dominant position, especially self-preferencing and the excessive disclosure of data. This article advances the constitutional dimension of competition law by recognizing the principle of nondiscrimination and equal treatment in Google Shopping and the principle of autonomous self-determination in Facebook as embedded in quasi-constitutional EU freedoms of free and fair competition for businesses and free choice for consumers
Abuse of Global Platform Dominance or Competition on the Merits?
Contrary to mainstream opinion, suggesting that dominant online platforms compete on their own merits and that their abuse of the large-scale accumulation of data should fall under data or privacy laws, this article argues that competition law should investigate whether global platform competition has been established on merit alone and how digital dominance has been strengthened through the downfall of emerging competition (the exclusionary harm) and the excessive combination of individuals' data (exploitative harm). To frame the theory of competitive harm in a global context, this article compares several of the most recent cases involving digital giants such as Google, Facebook, and Amazon in both pro-active jurisdictions, as well as in less interventionist jurisdictions. In doing so, the author challenges the existing categorization of abuse of a dominant position, especially self-preferencing and the excessive disclosure of data. This article advances the constitutional dimension of competition law by recognizing the principle of nondiscrimination and equal treatment in Google Shopping and the principle of autonomous self-determination in Facebook as embedded in quasi-constitutional EU freedoms of free and fair competition for businesses and free choice for consumers
EFFECTS OF CONSTRICTION IN A MECHANICAL MODEL OF LUNG PARENCHYMA
The demands on materials’ properties, for medical purposes, largely depend on the site of application and the function it has to restore. Ideally a replacement material should mimic the living tissue from a mechanical, chemical, biological, and functional point of view. The estimation of the mechanical characteristics of blood vessel walls, the values of modulus of elasticity and the coefficient of transversal strain serve to determine some aspects of reconstruction of blood vessels. The tissue growth, the blood clotting and the affecting blood elements are influenced by surface energy. In this study, we address the possibility to investigate the mechanical properties of the airways in a simulation study of the human lungs
OPTIMISATION OF A HYDROPHILIC INTERACTION LIQUID CHROMATOGRAPHY METHOD FOR CATECHOLAMINES AND RELATED MOLECULES ANALYSIS
A simple and specific method for the analysis of 11 compounds (catecholamines, their precursors and their metabolites) has been developed using hydrophilic interaction chromatography. Adrenaline, noradrenalin, dopamine, serotonin, 3,4-dihydroxy-phenylalanine, 3-methoxytyramine, tryptophan, homovanillic acid, tyrosine, 3,4-dihydroxy-phenylacetic acid, 5-hydroxyindole-3-acetic acid and 3,4-dihydroxybenzylalanine (as internal standard) were separated on a TSK gel amide 80 column. The influence of parameters such as organic modifier type and content, salt nature and concentration, pH as well as column temperature on the selectivity were investigated. The optimized mobile phase consisted of a 20 mM ammonium acetate aqueous solution buffered at pH 3 and acetonitrile (20:80 v/v) mixture
OPTIMIZATION OF A HPLC ANALYSIS METHOD FOR TAURINE AND CAFFEINE IN ENERGY DRINKS
This paper presents the optimization of a rapid, inexpensive, reliable and selective isocratic high performance liquid chromatographic (HPLC) method for the simultaneous determination of caffeine and taurine in energy drinks with two common detectors in series: evaporating light scattering detector (ELSD) and an ultraviolet (UV) detector. Satisfactory analysis results were obtained on an Astec apHera NH2 column using methanol/water (30:70 v/v) as mobile phase. The optimized method was used for the analysis of commercial energy drinks containing large amounts of carbohydrates (100 g·L-1) and considerably lower amounts of taurine and caffeine (4 and 0.6 g·L-1, respectively). The advantages of this method consist of its lack of preliminary samples treatment and also the fact that basic LC instrumentation was employed
