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In politics , regulatory capture also agency capture and client politics is a form of corruption of authority that occurs when a political entity, policymaker , or regulator is co-opted to serve the commercial, ideological, or political interests of a minor constituency, such as a particular geographic area, industry, profession, or ideological group. When regulatory capture occurs, a special interest is prioritized over the general interests of the public, leading to a net loss for society.

The theory of client politics is related to that of rent-seeking and political failure ; client politics “occurs when most or all of the benefits of a program go to some single, reasonably small interest e.

For public choice theorists , regulatory capture occurs because groups or individuals with high-stakes interests in the outcome of policy or regulatory decisions can be expected to focus their resources and energies to gain the policy outcomes they prefer, while members of the public, each with only a tiny individual stake in the outcome, will ignore it altogether.

We propose the general hypothesis: every industry or occupation that has enough political power to utilize the state will seek to control entry.

In addition, the regulatory policy will often be so fashioned as to retard the rate of growth of new firms. Regulatory capture theory is a core focus of the branch of public choice referred to as the economics of regulation ; economists in this specialty are critical of conceptualizations of governmental regulatory intervention as being motivated to protect public good.

The theory of regulatory capture is associated with Nobel laureate economist George Stigler , [6] one of its major developers. Likelihood of regulatory capture is a risk to which an agency is exposed by its very nature. Alternatively, it may be better to not create a given agency at all. A captured regulator is often worse than no regulation, because it wields the authority of government. However, increased transparency of the agency may mitigate the effects of capture.

Recent evidence suggests that, even in mature democracies with high levels of transparency and media freedom, more extensive and complex regulatory environments are associated with higher levels of corruption including regulatory capture. George Stigler framed the problem of regulatory capture as “the problem of discovering when and why an industry is able to use the state for its purposes”. He focuses on whole industries.

Brezis and Cariolle [10] has shown that the connected firms are always the big firms. This leads to inequality of influence among firms in the same sector.

It should also be noted that regulatory capture in developed country is not anymore related to corruption and illegal behavior, but to abuse of power. There is substantial academic literature suggesting that smaller government units are easier for small, concentrated industries to capture than large ones.

These states or provinces then becomes the voice of the industry, even to the point of blocking national policies that would be preferred by the majority across the whole country. Moore and Giovinazzo call this “distortion gap”. The opposite is possible. Very large and powerful industries e. Regulatory capture has an economic basis: vested interests in an industry have the greatest financial stake in regulations affecting them, and so are more likely to try to influence the regulator than relatively dispersed individual consumers, [4] each with little incentive.

When regulators form expert bodies to examine policy, these invariably feature current or former industry members, or at the very least, individuals with lives and contacts in the industry.

Capture is also facilitated where consumers or taxpayers have a poorer understanding than businesses of underlying issues. Jon Hanson and his co-authors argue that the phenomenon extends beyond political agencies and organizations. Businesses have an incentive to control anything that has power over them, including the media, academia and popular culture, and will try to capture them too. This is called “deep capture”. Regulatory public interest is based on market failure and welfare economics.

It holds that regulation is the response of the government to public needs. Its purpose is to make up for market failures, improve the efficiency of resource allocation, and maximize social welfare. Posner pointed out that the public interest theory contains the assumption that the market is fragile, and that if left unchecked, it will tend to be unfair and inefficient, and government regulation is a costless and effective way to meet the needs of social justice and efficiency.

Mimik believes that government regulation is a public administration policy that focuses on private behavior. It is a rule drawn from the public interest. Irving and Brouhingan saw regulation as a way of obeying public needs and weakening the risk of market operations. They also expressed the view that regulation reflects the public interest. The review of the United States’ history of regulation at the end of the 19th century, [ clarification needed ] especially the regulation of railway tariffs by the Interstate Commerce Commission ICC in , revealed that regulations and market failures are not co-relevant.

At least until the s, regulation was developed in the direction of favoring producers, and regulation increased the profits of manufacturers within the industry. In potentially competitive industries such as trucking and taxis, regulations allow higher prices and prevent entrants.

In monopoly industries such as electric power generation, there is evidence that regulation has little effect on prices, so the industry can earn excess profits. Evidence shows that regulation is beneficial to producers. These observations led to the emergence and development of regulatory capture theory. Contrary to regulatory public interest theory, this holds that the provision of regulation adapts to the industry’s needs, that is, both the legislator and regulator are controlled and captured by the industry.

The basic view of the theory is that the regulator gets captured no matter how the regulatory scheme is designed. The implication is that regulation increases the industry’s profits rather than the social welfare. This was essentially a purely capture theory in the early days, that is, the regulators and legislators were captured and controlled by the industry.

Later regulatory models, such as those by Stigler, Pelzmann, or Becker, follow the regulatory capture theory in the eyes of Posner and others. All these models reflect that regulators and legislators are trying to maximize private, not public, interests. They use “private interest” theory to explain the origin and purpose of regulation.

Aton argues that Stigler’s theoretical logic is clearer and more central than the previous “capture theory” hypothesis, but it is difficult to distinguish between the two. Regulatory capture theory has a specific meaning, that is, an experience statement that regulations are beneficial for producers in real life. So it is essentially not a true regulatory theory.

Although the analysis results are similar to the Stigler model, the methods are completely different. Stigler used standard economic analysis methods to analyze the regulation behavior, then created a new regulatory theory — regulatory economic theory. Of course, different divisions depend on the criteria for division, and they essentially depend on the researchers’ different understanding of specific concepts.

Justice Douglas’ dissent in Sierra Club v. Morton describes concern that regulators become too favorable with their regulated industries. There are two basic types of regulatory capture: [17] [18]. Another distinction can be made between capture retained by big firms and by small firms.

On 21 October , a tip containing spoil and tailings from Merthyr Vale Colliery slipped after a period of heavy rain, killing children and 28 adults in the Welsh village of Aberfan. In contravention of the National Coal Board’s procedures, the tip was partly based on ground from which water springs were known to emerge. After three weeks of rain the tip became saturated and , cubic yards , m 3 of spoil and tailings slipped down the side of the hill, engulfing Pantglas Junior School and a row of houses.

In Iain McLean, a professor of politics, and Martin Johnes, a research fellow in Welsh history, published a study of the Aberfan disaster. They observed that Her Majesty’s Inspectorate of Mines went largely unchallenged by the tribunal, although the two consider that the organisation failed in their duty, falling in line with the interests of the National Coal Board whose activities they were supposed to be overseeing.

In the aftermath of the Deepwater Horizon oil spill , the Minerals Management Service MMS , which had regulatory responsibility for offshore oil drilling, was widely cited as an example of regulatory capture. The three-stage reorganization, including the name change to BOEMRE, was part of a re-organization by Ken Salazar , [24] who was sworn into office as the new Secretary of the Interior on the same day the name change was announced.

Patterson, a member of the Arizona House of Representatives , said “Salazar has a disturbingly weak conservation record, particularly on energy development, global warming, endangered wildlife and protecting scientific integrity. It’s no surprise oil and gas, mining, agribusiness and other polluting industries that have dominated Interior are supporting rancher Salazar — he’s their friend”.

MMS had allowed BP and dozens of other companies to drill in the Gulf of Mexico without first attaining permits to assess threats to endangered species , as required by law. The agency seems to think its mission is to help the oil industry evade environmental laws”. After the Deepwater accident occurred, Salazar said he would delay granting any further drilling permits. Three weeks later, at least five more permits had been issued by the minerals agency. Since the Federal Aviation Administration FAA charter was amended in , its sole focus has been the regulation of safety.

Department of Transportation found that FAA managers had allowed Southwest Airlines to fly 46 airplanes in and that were overdue for safety inspections, ignoring concerns raised by inspectors. Audits of other airlines resulted in two airlines grounding hundreds of planes, causing thousands of flight cancellations.

Peters, contacted them. Boutris said he attempted to ground Southwest after finding cracks in the fuselage , but was prevented by supervisors he said were friendly with the airline. James Oberstar , former chairman of the committee said its investigation uncovered a pattern of regulatory abuse and widespread regulatory lapses, allowing aircraft to be operated commercially although not in compliance with FAA safety rules.

On July 22, , a bill was unanimously approved in the Democrat-controlled House to tighten regulations concerning airplane maintenance procedures, including the establishment of a whistleblower office and a two-year “cooling off” period that FAA inspectors or supervisors of inspectors must wait before they can work for those they regulated. In a June article on regulatory capture, the FAA was cited as an example of “old-style” regulatory capture, “in which the airline industry openly dictates to its regulators its governing rules, arranging for not only beneficial regulation but placing key people to head these regulators”.

That the FAA was a victim of regulatory capture was one focus of a United States Senate Commerce Subcommittee on Aviation and Space meeting held in the wake of the Ethiopian Airlines Flight crash that followed a previous crash of a Lion Air flight and claimed lives. The Boeing MAX platform that crashed had been subjected to only an “amended” airworthiness type certificate. Legal scholars have pointed to the possibility that federal agencies such as the Federal Communications Commission FCC had been captured by media conglomerates.

Peter Schuck of Yale Law School has argued that the FCC is subject to capture by the media industries’ leaders and therefore reinforce the operation of corporate cartels in a form of “corporate socialism” that serves to “regressively tax consumers, impoverish small firms, inhibit new entry, stifle innovation, and diminish consumer choice”. Michael K. His role has been the cable industry’s leading advocate, spokesman, and representative in its relationship with the U.

Congress, the Administration, the FCC, and other federal agencies. In July , congresswomen Elizabeth Warren and Pramila Jayapal issued a letter citing a report by the Project On Government Oversight showing concerns for the composition of the FCC’s Communications Security, Reliability and Interoperability Council CSRIC , questioning whether it could effectively serve the public interest if the majority of its members were representatives of the private sector.

They wrote that “having the FCC’s policy-making process rely on input from individuals employed by, or affiliated with, the corporations that it is tasked with overseeing is the very definition of regulatory capture”. Part of the New York Fed’s responsibilities is the regulation of Wall Street , but its president is selected by and reports to a board dominated by the chief executives of some of the banks it oversees.

During the crisis, several major banks that were on the verge of collapse were rescued via the Emergency Economic Stabilization Act of By purchasing these contracts, the banks received a “back-door bailout” of cents on the dollar for the contracts. Historians, political scientists, and economists have often used the Interstate Commerce Commission ICC , a now-defunct federal regulatory body in the United States, as a classic example of regulatory capture. The creation of the ICC was the result of widespread and longstanding anti-railroad agitation.

Richard Olney , a prominent railroad lawyer, was asked by a railroad president if he could do something to get rid of the ICC. The Commission… is, or can be made, of great use to the railroads. It satisfies the popular clamor for a government supervision of the railroads, at the same time that supervision is almost entirely nominal.

Further, the older such a commission gets to be, the more inclined it will be found to take the business and railroad view of things.