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

53 Pages Posted: 6 Jul 2010 Last revised: 24 May 2011

Jesse W. Markham Jr.

University of San Francisco School of Law

Date Written: March 15, 2010

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.

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

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: https://ssrn.com/abstract=1634839

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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