“Recently, the “German Science and Humanities Council” (Wissenschaftsrat) has issued their “Recommendations on the Transformation of Academic Publishing: Towards Open Access“. On page 33 they write that increasing the competition between publishers is an explicit goal of current transformative agreements:
publishers become publication service providers and enter into competition with other providers
This emphasis on competition refers back to the simple fact that as content (rather than service) providers, legacy publishers currently enjoy monopolies on their content, as, e.g., the European Commission has long recognized: In at least two market analyses, one dating as far back as 2003 and one from 2015, the EC acknowledges the lack of a genuine market due to the lack of substitutability…
Without such prestige, the faculty argue, they cannot work, risk their careers and funding. Arguments that these ancient vehicles are unreliable, unaffordable and dysfunctional are brushed away by emphasizing that their academic freedom allows them to drive whatever vehicle they want to their field work. Moreover, they argue, the price of around one million is “very attractive” because of the prestige the money buys them.
With this analogy, it becomes clear why and how tenders protect the public interest against any individual interests. In this analogy, it is likely also clear that academic freedom does not and should not trump all other considerations. In this respect, I would consider the analogy very fitting and have always argued for such a balance of public and researcher interests: academic freedom does not automatically exempt academics from procurement rules.
Therefore, ten experts advocate a ban on all negotiations with publishers and, instead, advocate policies that ensure that all publication services for public academic institutions must be awarded by tender, analogous the the example set by Open Research Europe and analogous to how all other, non-digital infrastructure contracts are awarded.”