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i'm not an antitrust expert (not too many people truly are, actually), and i believe the proper antitrust term is something like "excessive market power".
but how can you be "too big to fail", while still having merely acceptable market power? the arguments for bailing out the big banks were all about the disastrous knock-on effects, meaning that the remaining market was incapable of adequately replacing the failing bank -- leaving the failing bank in a position of excessive market power.
now, that power may or may not mean the power to extract unreasonable profits. perhaps that would normally apply only in good times. in bad times, perhaps they lose some of that power (maybe) but they obviously still have the power to screw over many constituents and innocent bystanders.
seems to me any company that asks for or accepts a bailout is admitting to being in violation of antitrust laws (at least the way they OUGHT to be written, i can't speak to the way they're ACTUALLY written). even if companies had a bailouot foisted on them unwillingly, the government's actions speak strongly to the unacceptable power of that entity.
phase 1: bailout the company to stabilize it phase 2: break it up into "small enough to fail" entities. phase 3: monitor and regulate to prevent companies from becoming "too big to fail".
finally, on the off chance that some company (inevitably) slips through the cracks and does need a bailout, start a bailout fund when times are GOOD so that the bailout is PREPAID by the companies who will eventually benefit, rather than the taxpayers.
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