The European Commission's Guidance on Article 102TFEU: From Inferno to Paradiso?

The European Commission has for the first time issued a document expressing its official position on the enforcement of Article 102TFEU which prohibits the abuse of a dominant position on the Common Market. The Commission Guidance on enforcement priorities in applying Article 102TFEU to exclusionary abuses (adopted in December 2008) has ended a review of about four years. Given the increased enforcement of Article 102TFEU at the European level and the fact that many national provisions in the EU on unilateral conduct are modelled after Article 102TFEU, how the Commission intends to enforce Article 102TFEU is crucial for the application of competition law and the undertakings subject to it under European and/or national laws. The review period was preceded by severe criticisms of the Commission's approach to Article 102TFEU for protecting competitors instead of competition and for being insufficiently grounded in modern economic thinking. At the heart of the review and the discussions surrounding it lay the question of the objective of Article 102TFEU. Some, including the Directorate General for Competition claimed the objective to be ‘consumer welfare’, whereas some argued that ‘consumer welfare’ cannot be adopted as the objective at the expense of the protection of the competitive process. This article critically reviews the Commission Guidance, with an eye to assessing the ultimate objective of and the test of harm under Article 102TFEU. After discussing whether the Guidance indeed sets priorities, it examines the general approach of the Guidance to exclusionary conduct. It points out that despite there being some welcome novelties in the Guidance, there are also suggestions therein whose legitimacy and legality are questionable. Reflecting on the Guidance as a soft‐law instrument, the article argues that although regarding the objective of Article 102TFEU, the Commission's apparent tendency towards ‘consumer welfare’ is not unlawful, the reform of Article 102TFEU to bring it more in line with modern economic and legal thinking seems to be far from complete.     

Ocular findings in pediatric deaths under 2 years of age (1994-2004)

Abstract:  Our purpose is to highlight novel ocular findings of 102 forensic pediatric cases under 2 years of age who die suddenly. Forensic information, grossing, and microscopic eye protocol was followed. The most common diagnosis was Sudden Infant Death Syndrome (SIDS) (57/102). Novel cytoid bodies were present in the retina of 72/102 cases and they were located predominantly 90% (65/72) at the anterior part of the retina ( p  < 0.001). Of the SIDS cases, 85% (47/57) showed the presence of cytoid bodies, and among all diagnosis, SIDS was the most associated with cytoid bodies ( p  = 0.003). A second observation was extramedullary hematopoiesis (EMH) identified in 35/102 cases and 22 of the 57 SIDS cases. The most frequent EMH location was the choroids (29/35). This study is the first to demonstrate the presence of cytoid bodies and extramedullary hematopoiesis in the retinas of SIDS cases and children who die suddenly from other causes.     

Temporary alien workers seeking H-1B classification under the Immigration and Nationality Act--Immigration and Naturalization Service. Interim rule with requests for comments

This interim rule implements certain provisions of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Public Law 102-232, December 12, 1991, as it relates to aliens seeking nonimmigrant classification and admission to the United States under section 101(a)(15)(H) of the Immigration and Nationality Act (Act). Public Law 102-232 altered, among other things, the procedures for petitioning for H-1B nonimmigrants and established new eligibility criteria for foreign physicians seeking employment in the medical profession in the United States. This rule contains the new procedures required by the legislation and makes Service policy consistent with the intent of Congress. This rule sets forth the new filing procedures and eligibility standards and clarifies for businesses and the general public the requirements for classification and admission.     

Sudden infant death syndrome risk factors with regards to sleep position, sleep surface, and co-sleeping

We present a study of 102 Sudden Infant Death Syndrome (SIDS) deaths using a retrospective review of medical examiner autopsy reports. The prevalence of sleep related risk factors with regards to sleep surface, sleep position, and co-sleeping were determined in a population of infants less than 1-year-old. Of the 102 SIDS deaths, 67 (65.7%) were not in a crib, 63 (61.8%) were prone, and 48 (47.1%) were co-sleeping. However, 94 (92.2%) of these deaths had at least one risk factor present. Only 8 (7.8%) infants had slept alone, in a crib or bassinet, and on their back or side. Infants less than 4-months-old had a higher rate of co-sleeping (54.7%) than the older infants (25.9%), and a higher frequency of heart malformations at post-mortem examination. The older infants were more likely to exhibit pulmonary and tracheal inflammation, and neuropathology.     

Temporary alien workers seeking classification under the Immigration and Nationality Act--Immigration and Naturalization Service. Final rule

This final rule implements provisions of the Immigration Act of 1990 (IMMACT). Public Law No. 101-649, November 29, 1990, and the Armed Forces Immigration Adjustment Act of 1991. Public Law No. 102-110, October 1, 1991, as they relate to temporary alien workers seeking nonimmigrant classification and admission to the United States under sections 101(a)(15) (H), (L), (O), and (P) of the Immigration and Nationality Act (Act), 8 U.S.C. 1101. This rule also contains technical amendments which reflect the Service's operating experience under the H and L classifications. This rule will conform Service policy to the intent of Congress as it relates to these classifications, implement new nonimmigrant classifications and requirements established by Public Law 101-649 and Public Law No. 102-110, and clarify for businesses and the general public requirements for classification, admission, and maintenance of status.     

Children with serious emotional disturbance; estimation methodology--SAMHSA. Final notice

This notice describes the final methodology to identify and estimate the number of children with a serious emotional disturbance (SED) within each State. This notice is being published as part of the requirements of Public Law 102-321, the ADAMHA Reorganization Act of 1992.     

The relationship between domestic violence and animal abuse: an Australian study

Several North American studies have found a connection between domestic violence and animal abuse. This article reports on the first Australian research to examine this connection. A group of 102 women recruited through 24 domestic violence services in the state of Victoria and a nondomestic violence comparison group (102 women) recruited from the community took part in the study. Significantly higher rates of partner pet abuse, partner threats of pet abuse, and pet abuse by other family members were found in the violent families compared with the nondomestic violence group. As hypothesized, children from the violent families were reported by their mothers to have witnessed and committed significantly more animal abuse than children from the nonviolent families. Logistic regression analyses revealed, for the group as a whole, that a woman whose partner had threatened the pets was 5 times more likely to belong to the intimate partner violence group.     

ASSESSING THE EXTENT OF CRIME DISPLACEMENT AND DIFFUSION OF BENEFITS: A REVIEW OF SITUATIONAL CRIME PREVENTION EVALUATIONS*

Few criticisms of situational crime‐prevention (SCP) efforts are as frequent or prevalent as claims of displacement. Despite emerging evidence to the contrary, the prevailing sentiment seems to be that crime displacement is inevitable. This study examined 102 evaluations of situationally focused crime‐prevention projects in an effort to determine the extent to which crime displacement was observed. The results indicate that of the 102 studies that examined (or allowed for examination of) displacement and diffusion effects, there were 574 observations. Displacement was observed in 26 percent of those observations. The opposite of displacement, diffusion of benefit, was observed in 27 percent of the observations. Moreover, the analysis of 13 studies, which allowed for assessment of overall outcomes of the prevention project while taking into account spatial displacement and diffusion effects, revealed that when spatial displacement did occur, it tended to be less than the treatment effect, suggesting that the intervention was still beneficial. Implications for theory and future research are discussed.     

Validation of LAB color mode as a nondestructive method to differentiate black ballpoint pen inks

Nondestructive digital processing methods such as lab color mode (available in Adobe Photoshop) are emerging as alternative methods for forensic document examiners to use when attempting to differentiate writing instrument inks. Although these techniques appear to be viable, little data currently exists regarding the known or potential error rates associated with these techniques. Without adequate data, the validity and reliability of these techniques, including lab color, can not be established. In an attempt to begin to address these issues, 44 black ballpoint ink pens were obtained and used to create 990 pen-pair samples for analysis using established lab color mode techniques. No erroneous findings of "different" were reported following the examination of the known pen-pair combinations in which the same pen was used to create the samples (n = 44). Of the remaining 946 samples, 737 pen-pair samples were differentiated using the lab color mode method, while 209 samples were unable to be differentiated and were recorded as either being "similar" (n = 153) or "unsure" (n = 56). Comparison of the lab color mode results with the results obtained through additional testing using traditional infrared reflectance and infrared luminescence test methods showed that lab color differentiated 102 pen-pair samples (11%; 102/946) that were not differentiated using a VSC-4C.     

EC Competition Policy: Is the Role of the Substantial Part of the Common Market in Determining Jurisdictional Subsidiarity Redundant?

The importance of the principle of subsidiarity lies in its role in drawing the demarcation line between EU and member state responsibility for policy formulation and implementation. In theory, the application of the principle of subsidiarity appears relatively straightforward based on the scale and effects of the action in question. The reality is somewhat more complex, at least in respect of two competition policy instruments—Article 102 EC and the ECMR. At the heart of this complexity is the little understood notion of a substantial part of the common market which, relative to competing jurisdictional subsidiarity tests, can fail to assign cases to the appropriate jurisdiction. This leads to the conclusion that the substantial part test is superfluous as the affects trade criterion and the distinct markets test perform the allocative role more effectively in relation to Article 102 and the ECMR respectively.     

Allele and genotype frequencies for the STR locus D18S51 in a western German population

Genetic marker typing based on DNA amplification by the polymerase chain reaction (PCR) increasingly is being employed in forensic casework and for paternity testing. Allele frequencies were determined using PCR for 102 unrelated Germans (Rhine area) for the locus D18S51. Twelve alleles were observed, with frequencies ranging from 0.005 (allele 11) to 0.191 (allele 14). The observed heterozygosity was 0.867, and the power of discrimination was 0.968. There was no deviation from expectations under Hardy-Weinberg assumptions (P = 0.451).     

Notice regarding Federally Supported Health Centers Assistance Act of 1992--HRSA. Notice

The Secretary of Health and Human Services (the "Secretary"), in consultation with the Attorney General, provides the following notice regarding Public Law 102-501, the "Federally Supported Health Centers Assistance Act of 1992" (the "Act"). The Act provides for liability protection for certain health care professionals and entities. This notice sets forth information whereby an entity or a person can determine when, and the extent to which, it is deemed to be an entity as described in the Act.     

用固相萃取法提取净化生物检材中拟除虫菊酯类杀虫剂的实验研究

固相萃取法（Sep－PakC18小柱）同时萃取净化生物检材（血浆、尿）中的甲醚菊酯、灭扫利、功夫、二氯苯醚菊酯、安绿宝、速灭杀丁和敌杀死。通过气相色谱氢焰检测器、非极性熔融石英大口径毛细管柱及程序升温色谱条件，得到较好的系统分离，并测定萃取回收率在81％～93％（血浆）和90％～102％之间（尿）。实验证明，用70％甲醇稀释检材并用氯仿洗脱可得到较完全的吸附和最佳回收率。     

Population studies of the Y-chromosome specific polymorphisms DYS19, DYS389 I + II, DYS390 and DYS393 in a western German population (Bonn area).

Population studies were carried out on the Y-specific short tandem repeat (STR) systems DYS19, DYS389I + II, DYS390 and DYS393 in a Western German population sample. Determination of the allele frequencies revealed for all these systems, unimodal distribution. The number of observed alleles varied: five for DYS19, six for DYS390, three for DYS389I, seven for DYS389II and six for DYS393. In 102 unrelated male individuals, 56 different haplotypes were found. The haplotype diversity values were similar to those of other European populations.     

Population data for MiniNC01 in a population sample from North-eastern Italy and their use in neoplastic tissues fixed in formalin and embedded in paraffin

To establish a database for the three MiniNC01 loci D10S1248, D14S1434, D22S1045 in a population sample from North-eastern Italy, 102 unrelated individuals were typed. DNA was amplified in a multiplex reaction with subsequent automatic detection using capillary electrophoresis. The obtained data give a contribution to the definition of Italian population miniSTRs allele frequencies for the three analysed loci. These three MiniSTRs were tested on 21 neoplastic tissues and the obtained genotypes were compared to those obtained from normal tissue. Only 3 cases (14.28%) gave a different genotype suggesting a better performance of these markers than traditional STRs.     

Sex allocation of skeletal material by analysis of the proximal tibia.

In this study we contrasted the confidence with which individuals may be grouped and then reallocated on the basis of a set of measurements from the proximal tibia. The data were derived from 100 Caucasoid (50 male) and 102 Negro (50 male) tibia housed in the R.A. Dart Collection. Multivariate discrimination was effected by means of canonical and stepwise discriminant analyses, whilst probabalistic models were used to allocate individuals. High levels of correct classification (84.62-92%) were matched by high levels of reallocation, suggesting that, in contrast to dental or craniobasal measurements, those of the proximal tibia may be usefully employed to allocate an individual on the basis of sex.     

PCR-SBT法检测北京地区人群HLA-DRB1遗传多态性

目的调查北京地区人群HLA-DRB1基因座多态性,并探讨HLA的聚合酶链反应-直接测序分型(PCR-SBT)在法医物证学中的应用价值。方法应用PCR-SBT分型方法对北京地区人群中494名健康无关个体进行HLA-DRB1基因座高分辨分型。结果检出233种HLA-DRB1基因型、102种DRB1等位基因型,基因型的分布符合Hardy-Weinberg平衡定律,该位点的观察杂合度(Ho)为0.9210,期望杂合度(He)为0.9342,多态信息量(PIC)为0.9333,匹配概率(Pm)为0.0104,个体识别率(DP)为0.9896,非父排除率(PPE)为0.7776。结论使用PCR-SBT对HLA进行精确分型在法医学领域具有重要的应用价值。     

When Abuse Happens Again: Women's Reasons for Not Reporting New Incidents of Intimate Partner Abuse to Law Enforcement

Although most women abused by intimate partners experience a patterned behavior of abuse (by either the same or new partners), little is known about their decision making regarding whether to call the police for subsequent abuse. The current study found that 90 percent of women who had encountered the criminal legal system for previous intimate partner abuse victimizations did not contact the police for some or all recurrences. Qualitative analysis was conducted among a sample of 102 women regarding their reasons for not re-engaging the legal system for subsequent victimizations. The results suggested 5 overall reasons as to why women involved with the criminal legal system choose not to engage the system again.     

Solid phase extraction method for rapid isolation and clean-up of some synthetic pyrethroid insecticides from human urine and plasma.

A simple and rapid method for the isolation of seven synthetic pyrethroid insecticides (methothrin, fenpropathrin, cyhalothrin, permethrin, cypermethrin, fenvalerate, deltamethrin) with a solid phase extraction (SPE), utilizing Sep-Pak C18 cartridges, from human urine and plasma is presented. The detection of the insecticides was performed using a wide bore capillary gas chromatograph (GC) with flame ionization detection (FID). The insecticide-containing samples mixed with 70% methanol were directly applied to the cartridges and eluted with 2 ml chloroform. The recoveries using the cartridges were between 90-102% for urine and 81-93% for plasma. Mixing samples with 70% methanol prior to extraction, seems very useful for the screening of synthetic pyrethroid insecticides.     

服刑能力司法精神鉴定研究

为探索服刑能力鉴定的相关因素 ,对102例服刑能力评定的案例进行分析研究 ,以自制的“服刑环境适应调查表”进行调查比较。结果发现精神病性障碍及以往有精神异常史者无服刑能力比率较高 ,且服刑环境适应能力差