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Lawsuit accuses four major publishers of extorting article processing charges

4 hours ago
  • A lawsuit under the U.S. False Claims Act accuses four major publishers (Elsevier, Springer Nature, Wiley, and Informa) of a decade-long scheme to defraud the government by charging exorbitant article processing charges (APCs), up to 10 times the actual cost.
  • The case was unsealed on July 30, 2024, after the government declined to intervene, allowing plaintiff Juan Pablo Alperin to pursue the case independently.
  • Alperin, a professor at Simon Fraser University, claims he learned insider details about APC pricing and alleged conspiratorial discussions among publishers to shield free open access options and ensure unnecessary APCs continued.
  • The lawsuit alleges publishers used market concentration and copyright terms to fix the market, charging 'prestige prices' that knowingly passed costs to government grants.
  • Attorneys for Alperin have a history of successful False Claims Act cases, including settlements with Dana-Farber Cancer Institute, Biogen, and Duke University.
  • FCA attorneys had mixed views: some called it a 'niche case' with a unique theory, while others noted that the legal theories are tried and true, and the government's non-intervention does not reflect on the merits.
  • The case aims to create a more transparent and equitable market for open access publishing, highlighting that APC pricing is often strategic rather than based on reasonable production expenses.

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