Abstract

http://ssrn.com/abstract=1634839
 
 

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Lessons for Competition Law from the Economic Crisis: The Prospect for Antitrust Responses to the 'Too-Big-To-Fail' Phenomenon


Jesse W. Markham Jr.


University of San Francisco School of Law

March 15, 2010

Univ. of San Francisco Law Research Paper No. 2011-15

Abstract:     
This article examines whether, and the extent to which, antitrust law could contribute to a broader regulatory effort to control the too-big-to-fail problem. The article begins by exploring the nature of the problem. Against this backdrop, it considers antitrust policy and rules to evaluate whether antitrust might play a meaningful role. The article concludes that antitrust law, if vigorously enforced with an emphasis on avoiding too-big-to-fail problems, can be a useful public policy tool to address the problem. However, it can come nowhere near solving it or preventing recurrences of recent systemic failures.

Number of Pages in PDF File: 53

Keywords: antitrust, too-big-to-fail, 2008 financial crisis

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Date posted: July 6, 2010 ; Last revised: May 24, 2011

Suggested Citation

Markham, Jesse W., Lessons for Competition Law from the Economic Crisis: The Prospect for Antitrust Responses to the 'Too-Big-To-Fail' Phenomenon (March 15, 2010). Univ. of San Francisco Law Research Paper No. 2011-15. Available at SSRN: http://ssrn.com/abstract=1634839

Contact Information

Jesse W. Markham Jr. (Contact Author)
University of San Francisco School of Law ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
415-422-4473 (Phone)
HOME PAGE: http://www.law.usfca.edu/faculty/fulltime/markhamj.html
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