Bailout Laws: Post-Aig Financial Regulations

what laws was created after the aig bailout

The American International Group Inc. (AIG) bailout was part of a series of government interventions to prevent the collapse of the global financial system in 2008. AIG was deemed too big to fail and received a bailout from the U.S. government, totalling approximately $182 billion. In response to the financial crisis, Presidents George W. Bush and Barack Obama enacted several legislative measures, including the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Emergency Economic Stabilization Act (EESA), which established the Troubled Asset Relief Program (TARP). These laws aimed to regulate the financial sector and protect consumers, with TARP providing $475 billion in bailout relief. AIG repaid its debt to American taxpayers in 2013, and the company has since undergone significant restructuring.

Characteristics Values
Year of bailout 2008
Company division responsible for the bailout AIG Financial Products (AIGFP)
Reason for bailout AIG's credit rating was downgraded, leading to a liquidity crisis
Bailout amount $85 billion
Form of bailout Secured credit facility
Equity stake acquired by the Federal Reserve 79.9%
Laws passed post-bailout Dodd-Frank Wall Street Reform and Consumer Protection Act, Emergency Economic Stabilization Act (EESA)
Program created by EESA Troubled Asset Relief Program (TARP)
Total government support for AIG $182 billion
AIG's repayment status Paid off debt to taxpayers by 2013

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The Dodd-Frank Wall Street Reform and Consumer Protection Act

The Dodd-Frank Act was designed to make the U.S. financial system safer for consumers and taxpayers by regulating the activities of the financial sector. It targeted financial system sectors that were believed to have caused the 2007–2008 financial crisis, including lax regulations, risky lending practices, and the use of mortgage-backed securities (MBS) created using subprime mortgages. The Act amended many existing rules and created many new standalone provisions.

One of the key provisions of the Dodd-Frank Act is the establishment of the Financial Stability Oversight Council and the Orderly Liquidation Authority, which monitor the financial stability of major financial firms. The Act also provides for liquidations or restructurings via the Orderly Liquidation Fund, which was established to assist with the dismantling of financial companies to prevent taxpayer dollars from being used to prop up failing firms. The council has the authority to break up banks that are considered too large to fail and pose a systemic risk.

The Dodd-Frank Act also brings comprehensive reform to the regulation of swaps, which were at the center of the 2008 financial crisis. The Act authorizes the CFTC to implement various measures, including capital and margin requirements for swap dealers to lower risk in the system, robust business conduct standards for dealers to lower risk and promote market integrity, and record-keeping and reporting requirements for dealers so that regulators can police the markets.

While the Dodd-Frank Act was initially weakened by the first Trump administration, the Biden administration sought to reestablish and strengthen the previous consumer protections. However, the second Trump administration may roll back these efforts.

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The Emergency Economic Stabilization Act

The EESA was one of the bailout measures taken by Congress in 2008 to help repair the damage caused by the financial crisis of 2007-2008. The financial crisis of 2008 originated in the United States as a result of the collapse of the U.S. housing market. The EESA authorized the Treasury to buy up to $700 billion in troubled assets, mostly bank shares and mortgage-backed securities, a figure that was later reduced to $475 billion. The Troubled Asset Relief Program (TARP) was a pillar of the EESA, and the Treasury backed this broad mandate with $700 billion.

Proponents of the EESA believed that it was necessary to prevent the collapse of the financial system and to minimize the economic damage created by the mortgage meltdown. They argued that market intervention was vital to prevent further erosion of confidence in the U.S. credit markets and that failure to act could lead to an economic depression. Opponents, however, objected to the plan's cost and rapidity, pointing to polls that showed little support among the public for "bailing out" Wall Street investment banks. They also claimed that it was a bailout for Wall Street and the banks, and that better alternatives were not considered.

The EESA is widely credited with restoring stability and liquidity to the financial sector, unfreezing the markets for credit and capital, and lowering borrowing costs for households and businesses. This, in turn, helped restore confidence in the financial system and restart economic growth. The Treasury recovered $441.7 billion from the $426.4 billion in TARP funds it invested.

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The Troubled Asset Relief Program

TARP provided $475 billion in bailout relief, with $426.4 billion spent on bailing out institutions, including American International Group Inc. (AIG), Bank of America (BAC), Citigroup (C), JPMorgan (JPM), and General Motors (GM). The program's funds were primarily used to inject capital into banks and other financial institutions, with the Treasury reviewing the effectiveness of targeted asset purchases.

The creation of TARP was controversial, with opponents criticising the cost and rapidity of the plan. There was also outrage over the use of public funds to pay out bonuses to AIG officials. However, supporters argued that the bailout benefited taxpayers due to the interest paid on the loans. Indeed, the government made a reported $22.7 billion in interest on the deal.

During the financial crisis, the government's overall support for AIG totalled approximately $182 billion, including nearly $70 billion committed through TARP and $112 billion from the Federal Reserve Bank of New York (FRBNY). AIG's bailout was necessary to stabilize the company and prevent its collapse, which could have had a significant impact on the global financial system. AIG's financial problems were caused by multiple factors, including credit default swaps and securities lending, which resulted in significant losses for the company.

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The Sherman Antitrust Act

The Act outlaws "every contract, combination, or conspiracy in restraint of trade," and any "monopolization, attempted monopolization, or conspiracy or combination to monopolize." The Supreme Court has ruled that the Sherman Act does not prohibit every restraint of trade, only those that are unreasonable. For example, an agreement between two individuals to form a partnership may not unreasonably restrain trade and thus may be lawful under the antitrust laws.

On the other hand, certain acts are considered so harmful to competition that they are almost always illegal. These include plain arrangements among competing individuals or businesses to fix prices, divide markets, or rig bids. These acts are considered "per se" violations of the Sherman Act, meaning no defense or justification is allowed. The Act also imposes severe criminal penalties of up to $100 million for corporations and $1 million for individuals, along with up to 10 years in prison.

The Sherman Act was amended by the Clayton Act in 1914, which addressed specific practices that the Sherman Act did not clearly prohibit, such as mergers and interlocking directorates. The Clayton Act also created exceptions for certain union activities and banned discriminatory prices, services, and allowances in dealings between merchants. Together with the Federal Trade Commission Act, which created the FTC, these three laws form the core of federal antitrust laws still in effect today.

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The Glass-Steagall Act of 1933

The Act was sponsored by Senator Carter Glass and Representative Henry Steagall, with Glass being the primary force behind it. The Glass-Steagall Act effectively separated commercial banking from investment banking, forcing banks to choose between the two specializations. This was done to prevent commercial banks from speculative risk-taking and to avoid repeating the financial crisis experienced during the Great Depression. The Act also limited banks to earning only 10% of their income from investments.

Another important provision of the Glass-Steagall Act was the creation of the Federal Deposit Insurance Corporation (FDIC), which insures bank deposits with a pool of money collected from banks. This provision was highly controversial at the time and drew veto threats from President Roosevelt. However, it was included at the insistence of Steagall, who wanted to protect small banks.

The Glass-Steagall Act was repealed in 1999 under President Clinton, allowing commercial banks to resume investment banking activities. Many economists believe that this contributed to the financial crisis of 2008.

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