VAT
84. When the UK introduced VAT in 1973, it signed
up to the general agreements that covered the application of VAT
throughout the Common Market. Under these and successive agreements
the UK has been able to maintain zero-rate VAT reliefs for certain
specified goods, including printed publications, which were also
exempt from the purchase tax that preceded VAT. Digital publications,
however, still incur the full rate of 17.5% VAT.
85. The differential treatment of print and digital
publications for tax purposes was widely criticised in the evidence
we received. The University of Hertfordshire noted that "the
significant cost difference for the same content in a different
format is anomalous and a disincentive to widespread availability
of scholarly information to UK higher education".[149]
Libraries and publishers alike complained that the VAT charged
on digital publications was hampering any move towards a digital-only
environment. The Scottish Confederation of University and Research
Libraries (SCURL) argued that, from a library perspective, "the
application of VAT to electronic publications has added an additional
burden and is a disincentive to move to electronic only access".[150]
Blackwell Publishing agreed: "library overheads could be
greatly reduced by complete migration to online-only journals,
but there is currently no financial incentive as libraries have
to pay full VAT on online subscriptions".[151]
We heard in oral evidence that VAT amounted to 5% of the University
of Hertfordshire's total information provision budget.[152]
Some publishers offer discounts on their digital publications
in order to compensate for the VAT charged on them. Although this
measure reduces the impact of the problem for libraries, it does
make it difficult for publishers with a large digital output to
compete on equal terms. ALPSP noted that VAT was helping to maintain
high publishing costs: "the cost savings (up to 20-25%) which
might be realised by the abandonment of print would be welcomed
by publishers, but the current VAT situation means that most of
the saving is negated".[153]
86. Many witnesses called for Government action on
the issue of VAT. RCUK stated that "the Government should
consider rectifying this anomaly if it wishes to create a level
playing field in the publications market.".[154]
Aslib argued that "the UK should lobby the EU for parity
on the VAT applicable to paper and electronic formats".[155]
Another suggestion, made by the Publishers Association, was that
"the Government should consider allowing relief to be attached
to the UK based institutional recipients of essential scientific
information to be used for educational purposes, if not to the
content itself".[156]
Given the unanimity of these calls, made by parties that found
it difficult to agree on most of the other issues raised by this
inquiry, we were surprised by the Government's lacklustre approach
to the issue. All that the three departments involved in compiling
the Government evidence, DTI, DfES and DCMS, could muster in response
to the problem was a bald statement that "VAT liability for
electronic works but not for printed works is an issue that has
been raised by all sides".[157]
In oral evidence, however, we learnt that DTI had made representations
to HM Customs and Excise on the issue.[158]
It is not enough for the Government departments involved to
declare themselves to be aware of the problems surrounding the
imposition of VAT on digital, but not print, publications. As
the issue is so critical to the adequate provision of scientific
publications and to reaping the full anticipated benefits from
digitisation, we recommend that DTI, DfES and DCMS all make a
strong case to HM Customs and Excise for a change to the existing
VAT regime.
87. We asked HM Customs and Excise for a note explaining
why print and digital publications were subject to different VAT
regimes and what measures, if any, it intended to take to alter
the situation. In response it cited two reasons why the VAT regime
could not be changed. Firstly, whilst the terms of the existing
agreements "allow the UK to retain one of the most wide-ranging
and generous packages of zero rate VAT reliefs anywhere in the
EU, they also prevent us from introducing any new ones".[159]
We do not understand why the terms of existing agreements should
"prevent" the introduction of new VAT reliefs. The EU
is constantly adapting its regulations to meet the changing needs
of its members. The UK Government has lobbied the EU for change
on many occasions, and it strikes us as odd that it should neglect
to do so now on an issue that is so important for the effective
functioning of the UK research community.
88. The note from HM Customs and Excise also states
that the technical differences between print and digital publications
preclude their being included in the same category for tax purposes:
"CD-ROMs and internet-based material often include
search facilities, audio and video recordings, internet links
and games or other interactive content, which are neither characteristic
of, nor possible for a printed paper product. These differences
not only mean that it would be impossible to bring digital publications
within the existing zero rate for printed publications, but also
make it reasonable to consider digital and printed publications
separately, and on their own merits, when determining tax treatment."[160]
Whilst we accept that the format of print and digital
publications is different, we fail to see why this should be a
barrier to subjecting digital publications to the same zero rate
VAT relief as print publications. As HM Customs and Excise states
in its note, the zero rate of VAT currently applies to a range
of goods and services, including food, children's clothes and
public transport fares, all of which have distinct characteristics:
their dissimilarity to each other has not been an obstacle to
their similar treatment for tax purposes. Furthermore, a consideration
of digital publications "on their own merits" need not
prevent them from being granted VAT relief. We recommend that
HM Customs and Excise make strong and immediate representations
within the European Commission to bring about the introduction
of a zero rate VAT relief for digital journals, in line with the
zero rate currently charged on print journals.
89. We understand that the solution we have proposed
will take time to implement. Given the urgency of the problem,
a quicker remedy is clearly required in the immediate term. In
oral evidence, Frederick Friend of JISC suggested that HM Customs
and Excise should "allow libraries exemption. [
] Already
there is a precedent for medical equipment which universities
can identify themselves and then be given exemption from VAT.
[
] it would not contravene European regulations, if that
exemption were extended to electronic information".[161]
Given that such an exemption would benefit both libraries and
publishers and would not contravene existing EU regulations, we
see no obstacle to its implementation. Other countries have already
taken steps in this direction: in Sweden, for example, Government
and municipal educational, health and other institutions which
do not themselves charge VAT pay the VAT on scientific publications
but subsequently have it repaid in full by the State.[162]
We recommend that HM Customs and Excise exempt libraries from
the VAT currently payable on digital publications whilst it negotiates
for a more permanent solution within the EU.
Competition issues
90. Much of the written evidence to this inquiry
raised concerns about the competitiveness of the market for scientific
publications. The Authors Licensing and Collecting Society (ALCS),
for example, told us that "the current dominance of the scientific
journals market by an increasingly small and monopolistic group
of global conglomerates (Reed Elsevier et al) has a significant
effect on individuals, on research, and on users".[163]
Consistently high profit margins would suggest that competition
within the market is poor. The majority of such concerns related
to Reed Elsevier, which, according to Electronic Publishing Services
Limited, currently has a 25.8% share of the total STM information
provision market.[164]
91. In 2001, the proposed acquisition of Harcourt
General Inc by Reed Elsevier plc was referred to the Competition
Commission under the merger provisions of the Fair Trading Act
1973. The Competition Commission concluded in its report by a
majority of two to one that the merger was unlikely to operate
against the public interest and the merger proceeded as planned.
The dissenting member of the Commission, Mr J.D.S. Stark, set
out his reasons for diverging from the consensus in a supplementary
note to the report. He concluded that the merger would result
in:
a) "Higher prices for access to STM journals
in electronic or print form than would otherwise have been the
case; and
b) More restrictions on the development of other
mechanisms to facilitate access to STM journals via other, non-Elsevier,
portals than would otherwise have been the case".[165]
The report also stated that "the inquiry has
brought to light a number of features of the market for STM journals
that are unusual and may benefit from further examination".[166]
Accordingly, the Office of Fair Trading (OFT) announced an informal
consultation on the market for STM journals, and published a report
in September 2002. The report concluded that no further action
should be taken at present; that further action may be needed
in future "if competition fails to improve, or should additional
significant information come to light"; and that action might
best be taken at an international level.[167]
92. Several witnesses were strongly opposed to the
view that the market is not competitive and thought that Government
should not intervene under any circumstances. The Royal Society
of Chemistry told us that "publishers should continue to
innovate with their products and services, should compete to publish
the best work, and should charge prices which are regulated by
the market not by Government".[168]
Reed Elsevier is itself a fierce advocate of regulation by market
forces. In written evidence, it stated that "the government
should continue to allow market dynamics to ensure that publishers
continue to meet the needs of scientific research communities
effectively and efficiently".[169]
In oral evidence Sir Crispin Davis, the Chief Executive Officer,
told us that his company had not taken advantage of its market
position to raise prices: "I think [
] we have been
a moderating influence on pricing in this industry over the last
five years".[170]
We note that Reed Elsevier have moderated their price rises and
kept percentage increases in single digits, although we do have
some reservations about the way in which prices are reported,
as is detailed earlier in this chapter. Nonetheless, we agree
with the findings of both the Competition Commission and OFT that
there are certain characteristics of the STM journals market that
make a conventional assessment of how well it is functioning difficult.
The Wellcome Trust explains that "this market does not behave
conventionally. It is not well positioned to deliver the benefits
of unfettered free markets and if left as it is could produce
outcomes which are in the interests of very few".[171]
The peculiarities of the market become crucial to an understanding
of how well it is functioning.
93. Neither journal prices nor a breakdown of publishing
houses by market share is sufficient by itself to understand the
concerns raised by the reports of both the Competition Commission
and OFT. It is the interrelation of these two factors that gives
most cause for concern. The Competition Commission report commented
that price competition does not occur in the STM journal market:
"if a very well-regarded but expensive journal increases
its price further, it is the cheaper, but less-well regarded journals
in the same field that are cancelled, so that the subscription
to the leading journal can be maintained. This means that a publisher
sometimes has the potential to increase his market share by raising
his prices".[172]
This feature of the market is well illustrated by a graph based
on an analysis by Credit Suisse First Boston. See figure 5, below:

Reed Elsevier typically accounts for 30-50% of library
acquisitions budgets.[173]
If a library has a nominal budget of 100 units, a 3% increase
in budget would give it 3 additional units to spend. Figure 5
shows how many of those extra units Reed Elsevier would take if
it increased its prices by a rate of 6.85% from a number of starting
positions, expressed as percentages of the total library budget.[174]
At a 30% share of the library's budget, Reed Elsevier would take
just over 2 of the units. At a 50% share, it would take 3.4 units,
0.4 units more than the library's budget increase allowed. Thus,
because library budgets generally have a fixed ceiling, by
increasing prices, the publisher with the largest share of the
budget can gain an even greater share and may also force other
publishers out of the budget altogether.
94. Currently, the potential for large publishers
to increase their share of library budgets, combined with a lack
of library purchasing power (see chapter 5), a lack of substitutability
and the reluctance of academics to engage with the issue, ensure
that theoretically there is nothing to prevent Reed Elsevier and
other large publishing companies from raising their prices still
higher. Even where such publishers impose only minimal price increases,
the negative impact upon the library budget is substantial. These
factors have led us to agree with OFT "that there is evidence
that the market for STM journals may not be working well".[175]
Whilst there is no new evidence relating to competition to report,
OFT did make provision to re-examine the situation "if competition
fails to improve".[176]
It is certainly the case that the industry is in flux. Reed Elsevier
and other publishers are facing increased competition from other
information service providers. In April 2004 Google, for example,
announced a deal with MIT and 16 other universities worldwide
to provide keyword searching across the scholarly content held
within the repositories at these institutions.[177]
The intervention of large companies offering navigational tools
is a potential threat to publishing companies such as Reed Elsevier
that offer similar services. It remains to be seen how these developments
will affect the market but it is important not to exaggerate the
threat that digitisation poses to the leading STM publishers against
the opportunities it offers to cement market leadership. It is,
for example, the case that the digital revolution is a factor
in causing smaller publishers to sell out, further increasing
concentration in the industry. We find it hard to disagree with
Mr Stark's minority opinion, published as part of the recent Competition
Commission report into the merger of Reed Elsevier and Harcourt
General, about the potentially damaging impact of such mergers
on pricing. We recommend that the Government Response to this
Report provides information on the measures being taken by the
Office of Fair Trading to monitor the market for STM journals.
We urge the Office of Fair Trading to commit to biennial public
reporting on the state of the market, including how STM publication
prices are developing; how prices change following mergers and
acquisitions in the sector and the impact of bundling deals upon
competition.
77 See, for example, memoranda submitted by the George
Green Library, University of Nottingham, Ev 213, and the National
Library of Scotland, Ev 250 Back
78
Ev 121 Back
79
www.swetsblackwell.com Back
80
Ev 411 Back
81
Ev 166 Back
82
COUNTER (Counting Online Usage of Networked Electronic Resources)
is an international initiative designed to facilitate the recording
and exchange of online usage statistics. Publishers can opt to
sign up to its Code of Practice. Back
83
Ev 440 Back
84
Ev 193 Back
85
Ev 306 Back
86
Q 337 Back
87
Ev 452 Back
88
Q 80 Back
89
Wolters Kluwer: 16.3%; Thomson: 24.5% Back
90
EPS Market Monitor June 2004 Back
91
Ev 448 Back
92
Ev 348 Back
93
Ev 213 Back
94
Q 337 Back
95
Ev 162 Back
96
Ev 305 Back
97
Q 121 Back
98
Ev 81 Back
99
Ev 371 Back
100
Q 64 Back
101
Q 46 Back
102
Ev 152 Back
103
Unprinted answers to supplementary questions from Blackwell Publishing. Back
104
Ev 299 Back
105
Ev 203 Back
106
Q 231 Back
107
www.isinet.com Back
108
Q 122 Back
109
Ev 306 Back
110
Ev 62 Back
111
Ev 152. Emerald is predominantly a publisher in the economics,
business and social science fields. Back
112
As above Back
113
As above Back
114
Q 45 Back
115
Credit Suisse First Boson, Scientific, Technical and Medical
Publishing, April 2004, p 4 Back
116
Ev 64 Back
117
CSFB, p 3 Back
118
Ev 294 Back
119
Ev 190 Back
120
Ninth Report of the Science and Technology Select Committee, Session
2002-03, The Work of the Engineering and Physical Sciences
Research Council (HC 936), p 22 Back
121
See, for example, written evidence from the Publishers' Association,
Ev 101 Back
122
Ev 466 Back
123
Q 182 Back
124
See, for example, The Wellcome Trust, Costs and business models
in scientific publishing Back
125
Currency conversion rate used throughout the Report: 1 USD = 0.551288
GBP Back
126
Ev 87 Back
127
Ev 453 Back
128
Unprinted answers to supplementary questions from Blackwell Publishing. Back
129
Ev 465 Back
130
Unprinted answers to supplementary questions from Blackwell Publishing. Back
131
Ev 87 Back
132
The Wellcome Trust, Costs and business models in scientific publishing,
pp 11-12 Back
133
Ev 465 Back
134
The Wellcome Trust, Costs and business models in scientific publishing,
p 12 Back
135
Q 72 and Ev 193 Back
136
As above Back
137
Ev 177 Back
138
Q 276 Back
139
Ev 411 Back
140
CSFB, p 5 Back
141
Ev 351 Back
142
Ev 447 Back
143
Ev 80 Back
144
Q 96 Back
145
Q 99 Back
146
Q 31 Back
147
Q 129 Back
148
OFT, p 10 Back
149
Ev 314 Back
150
Ev 325 Back
151
Ev 306 Back
152
Q 242 Back
153
Ev 92 Back
154
Ev 294 Back
155
Ev 328 Back
156
Ev 102 Back
157
Ev 381 Back
158
Q 352 Back
159
Ev 426 Back
160
Ev 426-7 Back
161
Q 242 Back
162
http://www.rsv.se/broschyrer/552b/index.html Back
163
Ev 458 Back
164
EPS Market Monitor, Scientific, Technical & Medical (STM)
Information: Market Trends and Industry Performance, Issue 3,
vol 1, June 2004 Back
165
Competition Commission, Reed Elsevier plc and Harcourt General,
Inc: A report on the proposed merger (Cm 5186), July 2001, p 26 Back
166
Competition Commission, p 4 Back
167
OFT, p 21 Back
168
Ev 208 Back
169
Ev 197 Back
170
Q 73 Back
171
Wellcome Trust, Costs and business models in scientific research
publishing, p 9 Back
172
Competition Commission, p 15 Back
173
CSFB, p 25 Back
174
Q 64. Crispin Davis told us that Reed Elsevier had increased its
prices by between 6.2-7.5% per year over the last five years.
Figure 5 thus assumes an average yearly price increase of 6.85%. Back
175
OFT, p 21 Back
176
As above Back
177
EPS Market Insight, "Google and OAI: New Effort to Search
Across University Repositories", April 2004 Back