Regulating Informational Intermediation

35 Pages Posted: 23 Apr 2018 Last revised: 12 Jul 2018

Multiple version iconThere are 2 versions of this paper

Date Written: 2011


In this contribution, I would like to explore the extent to which we can survive in a world without regulatively privileged informational intermediaries, and to the extent that we cannot, whether there are ways to regulate their conduct with a view to improving the utility of their output. I discuss in Part I the reasons why I do not think we can completely kick the habit of relying on informational intermediaries for essential regulatory tasks. I turn to the problems with the models most frequently invoked to regulate informational intermediaries in Part II, as well as the concerns raised by the compensation models regulators and commentators have proposed in Part III. In Part IV, I offer some thoughts as to whether an "outcome-based" approach to regulating informational intermediaries might not, in tandem with the other approaches, rehabilitate the fallen angels among informational intermediaries.

Keywords: privileged information, informational intermediaries

Suggested Citation

Dombalagian, Onnig Hatchig, Regulating Informational Intermediation (2011). American University Business Law Review, Vol. 1, No. 1, 58, Available at SSRN:

Onnig Hatchig Dombalagian (Contact Author)

Tulane Law School ( email )

6329 Freret Street
New Orleans, LA 70118
United States

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