[Oa-italia] Elsevier citata per abuso di posizione dominante
elena.giglia a unito.it
Dom 4 Dic 2016 19:38:13 CET
vi segnalo questa iniziativa di Martin Paul Eve, professore alla Birkbeck a
Londra e attivista per le Digital Humanities nonche' fondatore con Caroline
Edwards della Open Library for Humanities:
Eve ha citato in giudizio Elsevier il 3 dicembre di fronte all'autorita'
anticorruzione UK per abuso di posizione dominante, in relazione alle
recenti trattative JICS/Elsevier per il contratto nazionale.
Merita una lettura attenta e una riflessione.
Cito solo una parte:
It is our view that Elsevier unfairly exploits the above dominant market
position to avoid price competition in several ways:
1. We believe that Elsevier uses non-disclosure agreements extensively
in order to ensure that its prices are unaffected by competition. David
Tempest, Director of Access Relations at Elsevier, for example, argued that
were other libraries/institutions of higher education worldwide to know the
amount Elsevier charges for access, “everybody would drive down, down and
down” on prices, leading to users paying less for accessing these materials
(the goal of market competition). This is captured on video (Taylor, 2013).
This represents, in our view, a substantial discrimination between
customers based on little to no material difference in the circumstances of
supply, as a result of a dominant market position and a desire to avoid
price competition. We see this as consequently unfair to its customers who
do not see the benefits of price competition.
2. Because it holds such a dominant market position, we believe that
Elsevier knows that institutions of higher education (its primary
customers) will suffer if they do not subscribe to its packages. Because it
controls such a large portion of scholarly and scientific materials (as
above) it is able to leverage an operating profit margin of approximately
above 40% in the STM division since 2011 (Larivière, Haustein, and Mongeon,
2015, figure 7), demonstrating, in our view, substantial market
dysfunction. We believe that this leads to a situation in which it is
difficult for competitors to emerge based solely on Elsevier’s dominance.
Because library budgets are finite, but Elsevier controls so much of the
supply chain, we feel that smaller publishers are unable to compete due to
the threat of Elsevier withdrawing its supply to the same customer base.
E ancora, piu' sotto:
Elsevier also control data and analytics services that are used by
universities to assess the reputation of journals, researchers, and
institutions. These services for both citation metrics (used to evaluate
researchers) and for university rankings are in part based on Elsevier’s
own journals, so it is our belief that institutions feel that to be
competitive they must have access to the journals that are used to assess
their research quality.
Buon inizio di settimana a tutti
dr. Elena Giglia
Responsabile Ufficio Open Access - Editoria Elettronica
Direzione Sviluppo Organizzativo, Innovazione e Servizi Bibliotecari
Universita' degli Studi di Torino
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