Article
Lessons for Competition Law from the Economic Crisis: The Prospect for Antitrust Responses to the 'Too-Big-To-Fail' Phenomenon
Fordham Journal of Corporate and Financial Law
(2010)
Abstract
This article explores the failure of antitrust law to prevent or intercede to remedy the catastrophic failures of large enterprises. Given the historic focus of antitrust on problems relating to the dangers of out-sized business enterprise, the failure of antitrust in this regard raises interesting questons about whether its mission has drifted from the law's original intent. The article explores the current relationship between antitrust rules and "bigness" and offers a modest proposal for reviving antitrust as a public policy tool that might help to address the too-big-to-fail phenomenon.
Keywords
- antitrust,
- too-big-to-fail,
- 2008 financial crisis
Disciplines
Publication Date
Fall 2010
Citation Information
Jesse W. Markham. "Lessons for Competition Law from the Economic Crisis: The Prospect for Antitrust Responses to the 'Too-Big-To-Fail' Phenomenon" Fordham Journal of Corporate and Financial Law (2010) Available at: http://works.bepress.com/jesse_markham/3/