SPARC Helped Prevent a Duopoly over College Textbooks
Just after the one year anniversary of its announcement, the proposed merger between textbook publishing giants Cengage and McGraw-Hill Education was called off on May 4, 2020. The merger would have combined the second and third largest higher education publishers, turning the college textbook market into an effective duopoly that would have stifled competition in an industry already known for rapidly rising prices.
Merger Termination Announcements
- U.S. Department of Justice Statement (May 4, 2020)
- McGraw-Hill Press Release (May 4, 2020)
- Cengage Press Release (May 4, 2020)
- Arizona Attorney General Statement (May 5, 2020)
Both companies cited antitrust concerns as the reason for the merger’s failure. Cengage‘s statement blames the “inability to agree to a divestitures package with the U.S. Department of Justice,” and McGraw-Hill states that “the required divestitures would have made the merger uneconomical.” Assistant Attorney General Makan Delrahim of DOJ said, “The decision to abandon this merger preserves competition in the market for textbook publishing,” and “American students were our primary concern when evaluating the possible competitive effects of this deal.”
SPARC Advocacy
- Merger Q&A: Part 1 (July 29, 2019)
- U.S. Department of Justice Filing & Press Release (August 14, 2019)
- International and State Filings (December 2020)
- Merger Q&A: Part 2 (May 1, 2020)
- Statement on Merger Termination (May 4, 2020)
The merger’s defeat follows widespread opposition from students, consumer groups, libraries, universities, and bookstores—along with growing calls for scrutiny by House and Senate lawmakers and international authorities. SPARC and our allies have underscored the drastic negative consequences the merger would have for textbook prices and consumer protection, along with the growing threat that consolidation of student data could give rise to a new platform monopoly in higher education. SPARC submitted a detailed 49-page antitrust analysis to DOJ in August 2019, and continued to seek opportunities to educate antitrust officials, international authorities, lawmakers, and state attorneys general about the harms of the merger, along with broader issues around the academic publishing industry’s shift toward data and data analytics as a core business.
Letters Opposing the Merger
- Open Markets, U.S. PIRG, et. al (July 29, 2019)
- Student Governments (July 29, 2019)
- SPARC (August 14, 2019)
- Association of Public and Land Grant Universities (APLU) (September 3, 2019)
- National Association of College Stores (NACS) (December 2, 2019)
- SCONUL (Society of College, National and University Libraries) (January 28, 2020)
- U.S. House Antitrust Subcommittee Chairman David N. Cicilline and Consumer Protection and Commerce Chair Jan Schakowsky (March 10, 2020)
- U.S. Senators Richard Blumenthal (D-CT), Dick Durbin (D-IL), Dianne Feinstein (D-CA), Tina Smith (D-MN), Cory Booker (D-NJ) and Mazie K. Hirono (D-HI) (April 24, 2020)
As both companies have continued to operate as separate entities as the merger was under regulatory review, its termination effectively preserves the status quo. Both companies’ boards of directors unanimously approved the decision to call off the merger, and the companies have indicated that no payments or penalties will change hands as a result of the termination.
Selected Press Coverage
- How Merger of Two Textbook Giants Could Impact Course Materials, EdSurge, May 3, 2019
- Education group urges U.S. Justice Department to block textbook merger, Reuters, August 14, 2019
- Textbook Authors Say Their Publisher Is Shorting Them on Royalties. They Blame It’s Digital Subscription Service, Chronicle of Higher Education, August 14, 2019
- Advocacy Group to DOJ: Cengage-McGraw Hill Merger Could Create a “Platform Monopoly” in Education, EdSurge, August 15, 2019
- Boston textbook publisher’s merger faces antitrust criticism, Boston Globe, August 16, 2019
- Senators Question Educational Publisher’s Data Collection Practices, Publisher’s Weekly, August 20, 2019
- Advocates Warn About a Potential “Facebook of Higher Education” With McGraw-Hill Cengage Merger, eLearningInside, August 21, 2019
- College students’ latest headache? Digital access fees on top of rising textbook prices, Chicago Sun-Times, September 13, 2019
- College Bookstores Oppose Cengage-McGraw Merger, Inside Higher Ed, December 4, 2019
- Messy Merger Forecast for ‘McCengage’, Inside Higher Ed, Februaray 19, 2020
- College textbook merger raises ‘serious concern’ among U.S. lawmakers, Reuters, March 10, 2020
- ‘McCengage’ Merger Called Off, Inside Higher Ed, May 4, 2020
- Disengaged: McGraw-Hill, Cengage Terminate Proposed Textbook Merger, EdSurge, May 4, 2020