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