The Archives

Everything written by Andrew Mercado on law, economics, and more

Price-Parity Clauses: The Good, The Bad, and the…Anticompetitive?

Price-parity clauses have, until recently, been little discussed in the academic vertical-price-restraints literature. Their growing importance, however, cannot be ignored, and common misconceptions around their use and implementation need to be addressed. While similar in nature to both resale price maintenance and most-favored-nations clauses, the special vertical relationship between sellers and the platform inherent in ... Price-Parity Clauses: The Good, The Bad, and the…Anticompetitive?

The Competition and Transparency in Digital Advertising Act Is Fatally Flawed

The Competition and Transparency in Digital Advertising Act (CTDAA), introduced May 19 by Sens. Mike Lee (R-Utah), Ted Cruz (R-Texas), Amy Klobuchar (D-Minn.), and Richard Blumenthal (D-Conn.), is the latest manifestation of the congressional desire to “do something” legislatively about big digital platforms. Although different in substance from the other antitrust bills introduced this Congress, ... The Competition and Transparency in Digital Advertising Act Is Fatally Flawed

The Paradox of Choice Meets the Information Age

Barry Schwartz’s seminal work “The Paradox of Choice” has received substantial attention since its publication nearly 20 years ago. In it, Schwartz argued that, faced with an ever-increasing plethora of products to choose from, consumers often feel overwhelmed and seek to limit the number of choices they must make. In today’s online digital economy, a ... The Paradox of Choice Meets the Information Age

FTC Challenge to Nvidia-Arm Vertical Merger: Potential Efficiency Justifications

The Federal Trade Commission (FTC) on Dec. 2 filed an administrative complaint to block the vertical merger between Nvidia Corp., a graphics chip supplier, and Arm Ltd., a computing-processor designer. The press release accompanying the complaint stresses the allegation that “the combined firm would have the means and incentive to stifle innovative next-generation technologies, including ... FTC Challenge to Nvidia-Arm Vertical Merger: Potential Efficiency Justifications