In the Dark

It seems appropriate to pass on news of a federal antitrust lawsuit being brought in the United States against six commercial academic publishers, including the “Big Four” (Elsevier, Springer Nature, Taylor & Francis and Wiley). The case is filed by lawyers Lieff Cabraser Heimann and Bernstein. The plaintiff is Lucina Uddin, Professor of Psychology at UCLA.

I suggest you read the full document linked to above for details, but in a nutshell the case alleges three anticompetitive practices:

1. agreeing to “fix the price..at zero” for the labour of authors and peer reviewers;
2. agreeing not to compete for manuscripts by forcing authors to submit to one journal at a time;
3. agreeing to prohibit authors from sharing their work while under peer review, “a process that often takes over a year”

I’ve spoken to a few people who know a bit about US law on such matters and they all say that the plaintiff’s legal representatives have a good track record on antitrust litigation. Nevertheless, there is some doubt about whether the case is winnable but at the very least it will bring a lot of attention to the Academic Journal Racket, so is probably a good move even if it doesn’t succeed. If it does succeed, however, it might blow a hole in the entire commercial publishing industry, which would be an even better move…

As an interesting postscript (found here) is that, in 2002, the UK Office of Fair Trading reviewed complaints about anticompetitive practices in academic publishing; see here. It found market distortions but decided not to act because of the recent rise of Open Access. I quote

It is too early to assess what will be the impact of this … but there is a possibility that it will be a powerful restraint on exploiting positional advantage in the STM journals market.

Now that 22 years have passed, is it still too early?

P.S. Comments from legal experts would be especially welcome!

This entry was posted on September 25, 2024 at 2:35 pm and is filed under Open Access with tags academic publishing, Elsevier, Springer Nature, Taylor & Francis, The Academic Journal Racket, Wiley. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.