The idea of capitolism working was that it was "survival of the fittest." Supposidly just like nature. If your company @#$%s up, well, you need to pay up. If that hurts your company, well, tough beans. Your company is big, remember... let your lawyers figure it out on their battlefield.
Every time the government bails out a company, regardless of what the company does, it's a step towards comunism. Banks, Car companies and Drug companies are supposed to be private entities, or traded on the stock market. Why is the government even contemplating bailing them out?
If the governemt wants to continue on this line of thinking, perhaps we should go one step further. When a company is able to show over $100,000,000 in the black, or when CEOs of a company can make more in bonuses than what they pay 15% of their total workforce, the works of the company become public domain. Why? Well if a company is too big to fail, the only way to ensure the works of the company always remain available to the public is to make those works public properties. The side effect of such a law would bring one of two things: either higher wages to their employees, or huge charitable donations. Maybe a bit of both.
Maybe my idea of a size restraint is a little communistic too, but it does keep the cost down for the government overall. As if bailing out any bank or car company isn't communistic...
And get rid of that whole shell company BS.