ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Conglomerate

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Conglomerate

"Too Big to Fail"?

By Gordon Smith, Christine, Hurt, Vic Fleischer, Fred Tung, Lisa Fairfax, David Zaring

ADVERTISEMENTS

A dominant theme in the recent discussions of the bailouts is that certain entities are ?too big to fail.?  This got me thinking about the notion of ?too big to fail? and its ramifications.  In particular, I wonder whether and to what extent we need to pay closer attention to companies that are ?too big to fail? going forward.   A few questions come to mind.  When people say that a company is too big to fail, does that really mean that a company is simply "too big"?  If so, does that mean that we need to do more to encourage smaller companies, or at the very least do more to discourage large companies or companies that are intertwined with too many industries?   Does it mean that these larger companies simply need to be broken apart, much in the way that we demanded AT&T break off into the baby bells.  Alternatively, is there some value with ensuring that companies do not get ?too big? in the sense that companies should be discouraged from having their tentacles in so many critical and multi-faceted operations that they play a pivotal role in the healthy operation of our markets, even if it does not have anti-trust implications? In other words, if a company is too big to fail, should we have taken steps to prevent these companies from getting so big, and presumably so important, to our economic health?  And if so, should this be a focus for the future? 

On the other hand, let?s assume that we are not prepared to discourage the growth of ?too big? corporations.  Perhaps then we need to take seriously increased regulation for such companies.  Indeed, perhaps our current governance system is not equipped to monitor these companies.  Moreover, if certain companies are so crucial to our economic health that we cannot permit them to fail, then it seems that we have an important interest in knowing as much as we can about those companies?and potentially more than we know about other companies.  Enhanced disclosure and transparency not only would help us in times of crisis, but it would allow us to take preventative steps to combat problems before they arise.  To be sure, some may contend that these companies are already heavily watched, while others may resist increased oversight of particular entities within the corporate world.  But perhaps enhanced oversight is the price these ?too big? companies must pay once we acknowledge that their continued existence is critical to our markets.   

Full post as published by Conglomerate on September 17, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0126 secs (new cache)