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The Dynamics of OTC Derivatives Regulation: Bridging the Public-Private Divide

  • Dan Awrey (a1)

Abstract

Over-the-counter (OTC) derivatives have emerged as a global behemoth – the ‘800 pound gorilla’ of modern financial markets. In the wake of both their precipitous growth and prominence in the thick of the current global financial crisis, financial market regulators have found themselves under pressure to enhance their regulation of OTC derivatives markets. This paper explores both the private and social costs and benefits of OTC derivatives and the respective strengths and weaknesses of public and private systems of ordering in pursuit of the optimal mode of regulating OTC derivatives markets. On the basis of this exploration, this paper advocates employing modes of regulation which abandon the largely artificial distinction between public and private ordering, align the incentives of public and private actors and facilitate the long-term transfer of information and expertise between these actors in order to generate more nuanced and responsive regulation and thereby enhance social welfare.

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* The author would like to thank John Armour, Jennifer Payne, Joshua Getzler and Kristin van Zwieten for their comments, advice and support and the participants in seminars organised by the Economic and Social Research Council and Corporate and Finance Law Reading Group for their fruitful discussions of previous drafts of this paper.

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The Dynamics of OTC Derivatives Regulation: Bridging the Public-Private Divide

  • Dan Awrey (a1)

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