Friday, May 27, 2016

Crowding the Market: Is There Room for Antitrust in Market Manipulation Cases?

Jacob Hamburger, George Mason asks Crowding the Market: Is There Room for Antitrust in Market Manipulation Cases?

ABSTRACT: This article analyses the current debate surrounding the role of antitrust in recent market manipulation matters domestically. Despite the anti-competitive nature of this activity, there are several difficulties and inconsistencies that must be addressed. In particular, a stronger definition for market manipulation that captures a wide array of activity must be adopted. Next, it is also important to have a general understanding of the different laws and regulations used to combat market manipulation and how they have been applied in recent cases. This article also recommends an antitrust-based framework for analyzing current market manipulation cases like LIBOR and FX. Finally, this article addresses some of the difficulties with applying antitrust law, including regulatory overlap and the pushback against private enforcement efforts.

 

 

https://lawprofessors.typepad.com/antitrustprof_blog/2016/05/crowding-the-market-is-there-room-for-antitrust-in-market-manipulation-cases-1.html

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