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The importance of getting regulation right

“Regulation creates barriers to entry.”  “These regulatory burdens are bankrupting us!” “There is no free market without deregulation.”

It is the regulatory framework, its effectiveness, and its efficiency that dictate whether a regulation is constructive or burdensome.  Therefore, the above statements are dependent on certain types of regulation being in existence and the manner in which they are enforced.

In follow-up posts, I aim to detail data protection / information security, financial services, and antitrust/competition regulations in the United States and in the European Union, providing analysis on the history of the frameworks in place, the relationship between regulators and the regulated, and the relationship between the regulated and the individuals who benefit from the services of the regulated.

Only with that understanding of the risks inherent in industrial competition and in the global marketplace can one be informed on how one can approach compliance and risk.

In the follow-ups, I will cite the statements of both reputable lawyers and consultants in justifying the positions written, and here is a preliminary list of areas I will cover:

  • A history of regulation across the United States and the European Union
  • The relationship between regulators and the regulated
  • The relationship between regulated businesses and their market

I will also provide an analysis of the following three articles:

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