CAUSATION IN EC MERGER CONTROL

"there are ever so many ways that a world might be; and oneof these many ways is the way that this world is" (David Lewis,1986)

This article looks at two areas of merger control under EC Lawwhere the principles of causation are applied and, in our view,misapplied. The article traces the development of the conceptof the "counterfactual" in antitrust law. It then draws on thisanalysis in considering the operation of the "failing firm defense,"and in particular the standard of proof employed by the Commissionwhen analyzing the "counterfactual" in relation to the failingfirm defense. We argue that the Commission employs an excessivelyhigh standard of proof, and that this standard of proof contributesto the drawing of the failing firm defense too narrowly, througha misapplication of the principles of causation. We then proceedto contrast and prefer the approach of the UK Competition Commissionin recent cases. In the final part of the article we considerscenarios where two or more mergers are contemplated in thesame market at the same time, in cases of both parallel andoverlapping mergers. In these complicated scenarios, which requireprospective, multifaceted analysis, we set out in detail how,despite inherent difficulties, a similarly rigorous applicationof the principles of causation produces coherent results.     

Identification of synthetic cannabinoids in herbal incense blends in the United States

Abstract: Synthetic cannabinoid agonists are chemically diverse with multiple analogs gaining popularity as drugs of abuse. We report on the use of thin layer chromatography, gas chromatography mass spectrometry, high‐performance liquid chromatography, and liquid chromatography time of flight mass spectrometry for the identification and quantitation of these pharmacologically active chemicals in street drug dosage forms. Using these approaches, we have identified the synthetic cannabinoids JWH‐018, JWH‐019, JWH‐073, JWH‐081, JWH‐200, JWH‐210, JWH‐250, CP47,497 (C=8) (cannabicyclohexanol), RCS‐4, RCS‐8, AM‐2201, and AM‐694 in various commercially available products. Other noncannabinoid drugs including mitragynine have also been detected. Typical concentrations of drug in the materials are in the range 5–20 mg/g, or 0.5–2% by weight for each compound, although many products contained more than one drug.     

Predictive validity of the dynamic risk assessment and management system in individuals with intellectual disability residing in the community

Background. The Dynamic Risk Assessment and Management System (DRAMS) was created to measure dynamic risk in individuals with intellectual disabilities (ID). Steptoe, Lindsay, Murphy, and Young, (2008) examined the construct validity, reliability and predictive validity of the dynamic risk assessment and management system (DRAMS) in offenders with intellectual disability and found that the total DRAMS score and sections on mood, antisocial behaviour and intolerance/agreeableness predicted incidents with a medium effect size for offenders with ID residing in high secure settings.     

Developments in public affairs in Australia

• This paper discusses the integrated public affairs model most common in Australian companies, and its rationale. It describes some key characteristics of the function, drawing on a comprehensive survey of public affairs departments in late 2003. The function has become more senior and strategic, more closely aligned to business imperatives and with stable or growing budgets. It identifies areas of increased attention for practitioners, including support for organization transformation and culture change, stakeholder relations as a line, as well as staff function, reputation management and sustainability reporting.

Copyright © 2005 John Wiley & Sons, Ltd.     

A moral emergency and a medical problem: negotiating the control of venereal disease--the Saskatchewan Venereal Disease Protection Act, 1946

The author examines Saskatchewan legislation that regulated venereal disease. Although venereal disease legislation was introduced in Saskatchewan in 1919, the centrepiece of this article is The Venereal Disease Prevention Act, 1946. In an attempt to understand the nuances of and underlying rationale for these laws, the author situates the legislation within its social context. The author demonstrates that the trends and contradictions apparent in society's approach to the regulation of venereal disease were reflected in the legislation. The concept of a continuum is used to illustrate the coexistence of two approaches to the control of venereal disease. On one side of the continuum, venereal disease was a moral problem and a taboo subject. Force was the key to controlling venereal disease; involuntary examinations and intrusions into people's personal lives were the solution. On the other side of the continuum, venereal disease was a medical problem. If approached rationally and openly, control of venereal disease was possible; through education and social acceptance of venereal disease as just another illness, people would voluntarily come forward for treatment. The approaches represented at the extreme ends of the continuum did not exist in isolation; these views existed simultaneously, producing contradictory and colourful rhetoric.     

Spectral enhancement of leucocrystal violet treated footwear impression evidence in blood

The results presented demonstrate the capacity for spectral enhancement to substantially improve the forensic examination of footwear impressions in blood treated with leucocrystal violet (LCV). The UV-Vis absorption spectra were generated of (i) an aqueous solution of leucocrystal violet, (ii) leucocrystal violet in 3% H(2)O(2), (iii) LCV working solution and (iv) whole blood added to LCV working solution. The resultant fluorescence emission spectra were subsequently generated (lambda(ex)=630nm, lambda(em)=661-900nm). The results indicate that the UV-Vis absorption spectra of an unbuffered solution of whole blood with LCV working solution produces a strong absorbance curve with a maxima at 630nm. Subsequent excitation at this wavelength and generation of the emission spectrum in the fluorescence mode indicates that a solution of whole blood added to LCV working solution is an extremely weak fluorophore. Therefore, to enable an adequate and timely enhancement of blood impression evidence treated with LCV utilising either visible fluorescence or infrared luminescence requires (i) selection of the most appropriate excitation wavelength (lambda(ex)) and emission wavelength (lambda(em)) with extremely narrow band pass filters, which in the absence of substrate matrix interference is excitation at 630nm producing the emission maxima at 665nm and (ii) a visual enhancement system such as a CCD colour IR video camera with image integration.     

Confidence and accuracy of eyewitness identification from lineups

Recent studies of confidence-accuracy correlations in eyewitness-identification experiments have produced highly variable results (Deffenbacher, 1980; Wells & Murray, 1984) with some correlations near 0 (Malpass & Devine, 1981) and others as high as 0.5 (Brigham et al., 1982). Much of this variability may be accounted for by differences, in the design of the research. Specifically, lineup experiments in which the to-be-identified person (target) is always present tend to produce higher confidence-accuracy correlations than studies also providing blank or target-absent lineups replacing the target with a lookalike. A reanalysis of previously collected data (Lindsay & Wells, 1980; Wallbridge & Lindsay, 1982) revealed that lineup foils (nontargets) were identified with significantly less confidence than targets or lookalikes but that targets and lookalikes were identified with equal confidence. Two experiments were conducted to test the hypothesis that confidence of identification is a function of the similarity of the identified person to the original target. The first experiment using nonstudent subjects (n=53) and multiple targets (n=14) to increase generalizability, demonstrated that the person in the lineup who most closely resembled the target was identified with the highest mean level of confidence. The second experiment examined confidence in identification following a crime staged for 260 introductory psychology students. The results indicated that the similarity of foils to the target (established by independent ratings) was predictive of both the frequency and confidence of identification of faces.