Yesterday I reported that CRIV has been unsuccessful in attempting to resolve a dispute involving LexisNexis and a large law firm in Texas over LexisNexis’ refusal to sell its print products unless the firm renewed its Lexis Advance license. (Since then I have heard about how LexisNexis has coerced other law libraries using the same negotiations tactic.). At 1:00 PM CDT Friday, the Executive Board will consider CRIV’s recommendation that AALL issue “a statement of disapproval of the LexisNexis policy.” If issued, what should the statement say?
How about a strongly worded condemnation of what may be anti-competitive tying because (1) two separate products or services are involved, (2) the sale or agreement to sell one is conditioned on the purchase of the other, (3) the seller has sufficient economic power in the market for the tying product to enable it to restrain trade in the market for the tied product, and (4) a not insubstantial amount of interstate commerce in the tied product is affected. Enumerating the elements of a per se violation of antitrust law might be a good start for advocating for our institutional membership base. — Joe