Antitrust Activism

by Gustavo Morales Oliver March 16 2010, 10:15
Recent antitrust activity showed relevant cases moving forward in a reminder that antitrust can be one of the most effective legal measures to put some limit to an era of globalization that has raised many criticisms.The current economic crisis that –under a formal view- began in 2008 with the falling of Lehman Brothers, ringed many bells in connection with the so called Too Big To Fail Companies. Several claims and some proposals to limit the size of those companies were raised but no new regulation was enacted yet. In these circumstances, antitrust activism could be seen as the only effective way to restrict the size or somehow limit the growing potential of companies. [More]

Tags:

2008/9 Financial Crisis: A Lot to Learn On Bailouts and Too Big To Fail Companies In Order To Draft New Regulation

by Gustavo Morales Oliver December 4 2009, 00:07
New regulation will come out of the 2008/9 crisis as is common after every major crisis (e.g. 1930’s meltdown and Enron’s falling, among others). What is most important is that such regulation should aim at terminating certain undesired market incentives: those which contributed to the development of the 2008/9 crisis, and the negative ones arising from the bailouts.

Along the path of reform, it is essential to understand that systemic risk, the 2008/9 systemic crisis and the bailouts are three different situations, with different causes and effects. Thus, they can be addressed separately to improve the overall situation, without need to exclusively seek for a unique “magic” solution.

Fine tuning over traditional financial regulation as well as exploring new ideas –such as limiting the size of Too Big To Fail Companies – will be required.


Along the path of reform, it is essential to understand that systemic risk, the 2008/9 systemic crisis and the bailouts are three different situations, with different causes and effects. Thus, they can be addressed separately to improve the overall situation, without need to exclusively seek for a unique “magic” solution. [More]

Theme by Mads Kristensen

Invitation


We invite law professors, practitioners, and students to submit short articles for publication on this website. Simply email articles to the editors of the journal using the "Contact" form link above.   We also strongly encourage readers to post comments relating to a specific article or a topic covered by an article on the website. Just click on the "Comments" link located in the post footer below each article.

Recent Comments

Comment RSS

Disclaimer

This Journal is published by members of the Business Law Society at the University of Illinois College of Law. It is not a publication of the University of Illinois, and, therefore, the University of Illinois bears no responsibility for its content. Moreover, this Internet publication is prepared as an informational service only and should not be relied upon as legal advice. Although every attempt is made to ensure the information is accurate and timely, the information is presented "as is" and without warranties, either express or implied.