
Jerry Ellig on Dynamic Competition and Rational Regulation
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In the United States, the express purpose of regulation is, according to a 1993 executive order, to "protect or improve the health and safety of the public, the environment, or the well-being of the American people." However well intentioned, all human action carries with it the potential for secondary, sometimes negative, consequences. In the case of regulation, these consequences may cause harm-by exacerbating poverty, increasing opportunity inequality, raising prices, or reducing economic growth.
The late Jerry Ellig-economist, teacher, writer-argued that before imposing regulations on individuals and their activities, policymakers must conduct the kind of economic analysis that can deliver rational regulation. This process requires asking: How significant is the problem the regulation seeks to address? What is the root cause of the problem? Are there alternative ways to address the cause, and how effective might they be? What are the benefits and costs to society of each alternative?
These are the questions Ellig sought to answer-whether conducting research at the George Washington University Regulatory Studies Center, serving as chief economist at the Federal Communications Commission, delivering testimony at a congressional hearing, or teaching students at the Mercatus Center at George Mason University. As this memorial collection shows, improvements in the regulatory process can foster the life-enhancing innovation and dynamic competition on which future prosperity depends.
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Content
- Intro
- Title Page
- Copyright
- Contents
- Foreword
- About Jerry Ellig
- About the Contributors
- Introduction
- Part I: Improving Regulatory Process
- Comprehensive Regulatory Impact Analysis: The Cornerstone of Regulatory Reform
- Why Regulatory Impact Analysis is Necessary
- Shortcomings in the Quality and Use of Regulatory Impact Analysis
- Improvement in the Quality and use of Regulatory Impact Analysis Requires Reform of the Regulatory Process
- Regulatory Process, Regulatory Reform, and the Quality of Regulatory Impact Analysis
- 1. Introduction
- 2. Theoretical Considerations
- 3. Data and Variables of Interest
- 4. Econometric Methods and Results
- 5. Examples
- 6. Conclusion
- Systematic Study Shows Improvement in SEC Economic Analysis
- Comprehensive Regulatory Reform
- Regulations Do Not Always Solve Problems
- The Economic Problems Created by Regulatory Accumulation
- Problems with the Current Regulatory Process
- Comprehensive Regulatory Reform
- Conclusion
- Ten Principles for Better Regulation
- Further Reading
- Why and How Independent Agencies Should Conduct Regulatory Impact Analysis
- Introduction
- I. The Purpose of Regulatory Impact Analysis: Better Regulation
- II. The Need for Thorough Regulatory Impact Analysis at Independent Agencies
- III. Key Steps for Better Regulatory Impact Analysis
- Conclusion
- Economic Analysis of Tax Regulations: An Assessment of the First Year
- I. Summary
- II. Introduction
- III. Regulations Examined in this Article
- IV. Analytical Requirements
- V. Strengths in IRS Economic Analysis
- VI. Weaknesses In IRS Economic Analysis
- VII. Conclusion
- Commentary: Zombie Regulations Emerge at Midnight
- Commentary: Improved Economic Analysis Should Be Lasting Part of Pai's FCC Legacy
- Part II: Lessons from Regulatory Reform
- Endogenous Change and the Economic Theory of Regulation
- Wealth Transfers and Endogenous Change
- Imperfect Information and Alternative Wealth Transfer Schemes
- Natural Gas: A Case Study
- A Normative Conclusion
- Electric Restructuring and Consumer Interests: Lessons from Other Industries
- I. Examining Analogous Industries
- II. Significant Customer Benefits
- III. What's Seen and What's Not?
- Railroad Deregulation and Consumer Welfare
- 1. Introduction
- 2. Regulation and Its Reform
- 3. Potential Effects of Deregulation
- 4. Results of Deregulation
- 5. Productivity: The Missing Link
- 6. Conclusion
- The Future of Regulation
- I. Introduction
- II. How Regulations are Created
- III. How Much Regulation is there on the Federal Level?
- IV. Types of Regulation
- V. Important Trends in Regulation
- VI. Conclusion
- Epistemic Lessons from Economic Regulatory Reform
- 1. Intentions do not Equal Results
- 2. Facts are Stubborn Things
- 3. We Can Make Progress Together on Policy if We Focus on Evidence
- Trucking and Rail Regulatory Reforms Provide a Model for Bipartisan Cooperation
- Enormous Economic Benefits
- Scholarly Consensus on Effects
- Bipartisan Agreement and Policy Continuity
- Commentary: The Misguided Antitrust Attack on Big Tech
- Follow-Up Letter: What Evidence is there of Big Tech's Harm?
- Part III: Competition and Regulation
- A Taxonomy of Dynamic Competition Theories
- Schumpeterian Competition
- Evolutionary Competition
- Austrian Competition and Entrepreneurship
- Path Dependence
- Resource-Based Competition
- Conclusions
- Market and Nonmarket Barriers to Internet Wine Sales: The Case of Virginia
- Section 1: History and Background
- Section 2: Potential Effects of E-Commerce on Price and Variety
- Section 3: Data Sources and Calculations
- Section 4: Findings
- Section 5: Conclusion
- State Funeral Regulations: Inside the Black Box
- 1. Introduction
- 2. Regulation and Death Care Costs
- 3. Regulations in this Study
- 4. Econometric Analysis
- 5. Conclusion
- Acknowledgments and Funding
- Commentary: Wine Wars: Uncorking E-commerce?
- Dormant Commerce Clause
- E-Commerce
- Conclusion
- Commentary: Pine Box Politics
- Commentary: Selling Santee Cooper: Competition Should Be Part of the Plan
- Part IV: Regulating Network Industries
- The Regulatory Determinants of Railroad Safety
- 1. Introduction
- 2. Measuring Railroad Regulation
- 3. Regulation and Rail Safety
- 4. Econometric Analysis
- 5. Conclusion
- A Concise Explanation of the FCC's Economic Analysis on Net Neutrality
- Commentary: The Incredible Ticket Machine: Economic Progress Depends on Entrepreneurial Discovery
- What is a Computerized Reservation System?
- The Competition Issue
- The Importance of Conceptual Frameworks
- A Different View of Competition
- Commentary: Internet Regulation at the FCC: No Longer an "Economics-Free" Zone
- Part V: Judicial Oversight of the Regulatory Process
- Improving Regulatory Impact Analysis: The Role of Congress and Courts
- I-The Rise of Regulatory Impact Analysis
- II-The Role of Congress
- III-The Role of the Courts
- Conclusion
- Statutory Clarity and Judicial Review of Regulatory Impact Analysis
- Commentary: Courts Have a Role to Play Reining in Federal Agencies
- Commentary: Here's How Federal Agencies Can Write More Effective Regulations-and Win Regulatory Battles in Court
- How we did Our Research
- Why Does Organization Matter?
- Published Works of Jerry Ellig
- About the Mercatus Center
- About the Regulatory Studies Center
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