Let's see how we can apply the basic three-part SC public policy framework (1. Make-Long Term Relationship-Spot Market-Fuhgeddaboudit; 2. Dictate-Negotiate; 3. Formal-Informal) that I proposed in an earlier post on ed reform to the "too big to fail" issue that has risen to the fore since the 2008 financial crisis...
Current arrangement: USG under Dodd-Frank is trying to regulate risks created by large financial institutions. The Volcker Rule against proprietary trading and the proscription of systemic risk associated with big banks are two major approaches under the law. In SC terms: USG is treating the big banks as suppliers with which it has a close, complex relationship rather than as firms in the private-sector economy with which it has a more removed “spot market” or "fuhgeddaboudit" connection. On part 1, USG is thus in an "LTR" mode.
As to part 2, the mode is primarily “Dictate”; although the reality of legislation and regulation involves deal-making, in theory Dodd-Frank and the regulations being drafting to carry it out represent commands to the big banks. As to part 3, there is a mix, with a tilt toward “Formal.” Although the law and regulations are designed to be fact-based, rule-oriented, and formal in major respects, there is also contemplation of a more informal, trust-based relationship between the regulators and the banks.
The payoff of the analysis: By thinking of the choice as one between “LTR” and “Spot” rather than between regulation and deregulation, one gains a different perspective on the question of whether to require banks to be small enough that the USG can credibly commit to not bailing them out. In the standard terms of regulation vs. deregulation, such a requirement that banks be small is regulatory, and hence is likely to be questioned by more market-oriented analysts and politicians, even while it may at the same time be supported on the grounds that it embroils the USG less in the banks’ affairs. In SC terms, the analysis is simpler: A requirement that banks be small is equivalent to a firm carrying out a “Spot” policy that it will not be dependent on any single supplier or set of suppliers whose collapse would cause the firm serious problems. A “Spot” policy of avoiding dependence on any single supplier may or not be a good idea for a given firm to implement, and it similarly may or may not be a good idea for the USG to implement with respect to financial services. The SC lens does not solve the problem of “too big to fail” fin reg. But by seeing the issue through an SC lens, a new perspective is gained that may help in clearing away political cobwebs and in gaining fresh insights into sensible fin reg policy.