Regulation

SEC and Revolving Doors: Q&A with Eric Ben-Artzi, the Deutsche Bank Whistleblower Who Rejected a Multimillion Dollar Award

ProMarket interviews Eric Ben-Artzi, the former Deutsche Bank risk officer turned whistleblower who rejected an $8.25 million award from the SEC.  In May 2015, Deutsche Bank...

Combatting External and Internal Regulatory Capture

External and internal capture may be reduced through a more logical division of labor between Congress and agencies. In these hyper-partisan times, one is hard-pressed...

Regulators as Validators

Special interest groups can use their influence over regulation to water down not just potential legal sanctions but also potential reputational sanctions. What deters corporate...

Are “Pay for Delay” Settlements in Patent Litigation Collusive?

A new study suggests that “pay for delay” settlements–in which generic drug manufacturers that challenge the patents of branded drug firms agree to drop...

The Elusiveness of Regulatory Capture

Regulatory capture is hard to pin down, its elusiveness stemming from four principal factors. Nearly everyone sees regulatory capture – and rightly disdains it. And...

Regulatory Capture is Not “Inevitable”

“Capture” has become a self-fulfilling prophecy of economists who turn their students into sure-to-fail regulators. A Wall Street Journal editorial asserted the “inevitability” of...

Prosecuting Corporate Criminals

Prosecutions of individual corporate criminals can, in fact, be successful—and are critical for attaining justice. It is difficult to escape the inference that the Great...

Death by Regulation: How Regulations that Once Protected the Taxi Industry Now Threaten its Existence

New study by researchers at the Mercatus Center at George Mason University highlights the need to rethink taxi regulations. “The natural progress of things,” Jefferson...

Regulatory Capture, Ancient and Modern

Regulatory capture's antecedents in political thought—which date back to ancient Greece—inform the modern concept. Until recently, the term regulatory capture seemed stale, a mid-20th century...

Making it Look Like a Struggle

 For capture to be sustainable, the regulator has to find ways to be perceived as being tough on the regulated without really hurting them. The...

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