University of Cincinnati College of Law University of Cincinnati College of Law Scholarship and Publications Faculty Articles and Other Publications College of Law Faculty Scholarship 2016 Second-Generation Monopolization: Parallel Exclusion in Derivatives Markets Felix B. Chang University of Cincinnati College of Law,
[email protected] Follow this and additional works at: https://scholarship.law.uc.edu/fac_pubs Part of the Antitrust and Trade Regulation Commons, and the Banking and Finance Law Commons Recommended Citation Felix B. Chang, Second-Generation Monopolization: Parallel Exclusion in Derivatives Markets, 2016 Colum. Bus. L. Rev. 658. This Article is brought to you for free and open access by the College of Law Faculty Scholarship at University of Cincinnati College of Law Scholarship and Publications. It has been accepted for inclusion in Faculty Articles and Other Publications by an authorized administrator of University of Cincinnati College of Law Scholarship and Publications. For more information, please contact
[email protected]. SECOND-GENERATION MONOPOLIZATION: PARALLEL EXCLUSION IN DERIVATIVES MARKETS Felix B. Chang* The reluctance of antitrust to condemn parallel exclusion permits oligopolies to be entrenched. This is because parallel exclusion-multiple-firm conduct that inhibits market entrants-cannot satisfy the current strictures on monopolization, which are understood to prohibit single-firm conduct. Yet this is an outdated way of conceptualizing monopolization. An expansion of monopolization-to cover parallel, non-collusive acts by an oligopoly-is due. To push the law toward recognizing parallel exclusion, this Article examines concentration in the markets for financial derivatives, which are perennially dominated by the same big banks. Even after losses under first-generation antitrust claims, the dominant derivatives dealers have found ways to retain market power.