I think the author is not looking deep enough. Universities form and fund consortiums all the time for one reason or another. The US Government funds even more and has more resources. If either the universities, or the US government, wanted academic research to be public by default, they could bypass the publishers entirely and do so with comparatively little effort. In this case the "publishers" are merely the fall…
http://www.hhmi.org/news/elife20111107.html
It would probably be considered dubious/anti-competitive if NIH and NSF launched their own journals, but because of the Open Access Initiative (which RWA attempts to reverse), NIH is able to host articles that have already been released to the public via PubMed Central.