Hostname: page-component-cd9895bd7-mkpzs Total loading time: 0 Render date: 2024-12-26T22:53:36.907Z Has data issue: false hasContentIssue false
  • English
  • Français

Law Journals, Biomedical Journals, and Restraint of Trade

Published online by Cambridge University Press:  04 March 2022

Gregory Curfman
Get access Rights & Permissions [Opens in a new window]

Abstract

Law journals permit submission of scholarly manuscripts to multiple journals concurrently, but biomedical journals strictly forbid submission of manuscripts to more than one journal at a time. Law journals may then compete for the publication of manuscripts. This article examines whether the single-submission requirement of biomedical journals may constitute restraint of trade in violation of Section 1 of the Sherman Antitrust Act.

Keywords

Law JournalsBiomedical JournalsSherman ActRestraint of TradeAntitrust
Type
Columns: Health Policy Portal
Information
Journal of Law, Medicine & Ethics , Volume 50 , Issue 1: Health Law and Anti-Racism: Reckoning and Response , Spring 2022 , pp. 195 - 199
Copyright
© 2022 The Author(s)

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

About This Column

Aaron Kesselheim serves as the editor for Health Policy Portal. Dr. Kesselheim is the JLME editor-in-chief and director of the Program On Regulation, Therapeutics, And Law at Brigham and Women’s Hospital/Harvard Medical School. This column features timely analyses and perspectives on issues at the intersection of medicine, law, and health policy that are directly relevant to patient care. If you would like to submit to this section of JLME, please contact Dr. Kesselheim at akesselheim@bwh.harvard.edu.

References

Writing For and Publishing In Law Reviews, University of Washington School of Law, available at <https://guides.lib.uw.edu/law/writinglawreview/submitting> (last visited January 3, 2022).+(last+visited+January+3,+2022).>Google Scholar
W&L Law Journal Rankings, Washington & Lee School of Law, Released June 30, 2021, available at <https://managementtools4.wlu.edu/LawJournals/Default.aspx> (last visited January 3, 2022)+(last+visited+January+3,+2022)>Google Scholar
Friedman, B, “Fixing Law Reviews,” Duke Law Journal 67, no. 7 (2018): 1297–1380 (2018), available at <https://scholarship.law.duke.edu/dlj/vol67/iss7/1> (last visited January 4, 2022).Google Scholar
Id.Google Scholar
Legal Information Institute, Cornell Law School. 15 U.S. Code § 1. Accessed November 19, 2021, available at <https://www.law.cornell.edu/uscode/text/15/1> (last visited January 4, 2022).+(last+visited+January+4,+2022).>Google Scholar
International Committee of Medical Journal Editors (ICMJE), available at <www.icmje.org/about-icmje/> (last visited January 4, 2022).+(last+visited+January+4,+2022).>Google Scholar
International Committee of Medical Journal Editors (ICMJE), ICMJE Recommendations (“The Uniform Requirements”), available at <www.icmje.org/about-icmje/faqs/icmje-recommendations/> (last visited January 4, 2022).+(last+visited+January+4,+2022).>Google Scholar
ICMJE, supra note 6.Google Scholar
“The Uniform Requirements,” supra note 7.Google Scholar
Legal Information Institute, supra note 5.Google Scholar
“Editorial: Definition of Sole Contribution,” New England Journal of Medicine 281, no. 12 (1969): 676-677, DOI: 10.1056/NEJM196909182811208.CrossRefGoogle Scholar
Relman, A.S., “Editorial: The Ingelfinger Rule,” New England Journal of Medicine 305, no. 14 (1981): 824–826, DOI: 10.1056/NEJM198110013051408.Google ScholarPubMed
The Clarivate Analytics Impact Factor, available at <https://clarivate.com/webofsciencegroup/essays/impact-factor/> (last visited January 4, 2022).+(last+visited+January+4,+2022).>Google Scholar
Legal Information Institute, supra note 5.Google Scholar
The White House, Briefing Room, Executive Order on Promoting Competition in the American Economy, available at <https://www.whitehouse.gov/briefing-room/presidential-actions/2021/07/09/executive-order-on-promoting-competition-in-the-american-economy/> (last visited January 4, 2022).+(last+visited+January+4,+2022).>Google Scholar
Chopra, R. and Khan, L.M., “The Case for ‘Unfair Methods of Competition’ Rulemaking,” University of Chicago Law Review 87, no. 2 (2020): 357–379, available at <https://chicagounbound.uchicago.edu/uclrev/vol87/iss2/4> (last visited January 4, 2022).Google Scholar
Justia US Law, Polk Bros. v. Forest City Enterprises, 776 F.2d 185 (7th Cir. 1985), available at <https://law.justia.com/cases/federal/appellate-courts/F2/776/185/443156/> (last visited January 4, 2022). See Polk at paragraph 7 (“Cooperation is the basis of productivity. It is necessary for people to cooperate in some respects before they may compete in others, and cooperation facilitates efficient production.”).+(last+visited+January+4,+2022).+See+Polk+at+paragraph+7+(“Cooperation+is+the+basis+of+productivity.+It+is+necessary+for+people+to+cooperate+in+some+respects+before+they+may+compete+in+others,+and+cooperation+facilitates+efficient+production.”).>Google Scholar
Another recent relevant antitrust analysis is: National College Athletic Association v. Alston, 594 U.S.___ (2021), in which college athletes prevailed against the NCAA in their antitrust case argued before the Supreme Court.Google Scholar
Justia US Law, supra note 17.Google Scholar
The White House, supra note 15.Google Scholar