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pierredv : phoenixcenter   3

Eroding the Rule of Law: Regulation as Cooperative Bargaining at the FCC -- Phoenix Center, Oct 2015
Phoenix blurb: "details how regulatory agencies are increasingly engaging in "issue bundling" with the firms they regulate -- that is, when the regulator and the regulated make a deal to combine a variety of unrelated issues in exchange for regulatory relief. Two consequences of issue bundling are the weakening of legal precedent and the near unbridled expanse of regulatory power."
PhoenixCenter  FCC  regulation  bargaining 
december 2015 by pierredv
Eroding the Rule of Law: Regulation as Cooperative Bargaining at the FCC | Benton Foundation
precis of Phoenix Paper "Because of the multiplicity of issues being adjudicated “simultaneously” materially affects the nature of the resulting bargains, the rise in cooperative bargaining reduces the likelihood that past regulatory action will produce useful legal precedents for regulated firms." "As we show, the concessions have little to do with the merits but were instead used by the Commission to achieve political outcomes that could not otherwise be legitimately achieved through generic, industry-wide rulemakings. We then turn to the game-theoretic analysis of issue bundling and discuss the basic theoretical results, as well as some caveats and possible extensions. Conclusions and policy considerations are at the end."
PhoenixCenter  Benton  enforcement  regulation  FCC  consent-decrees 
november 2015 by pierredv
How Congress lost control of the regulators | TheHill
"At the center of the analysis is the identification of a growing phenomenon that the Phoenix Center labels as "issue bundling." As the Phoenix Center explains, issue bundling occurs when the regulator and the regulated make a deal to combine a variety of unrelated issues in exchange for regulatory relief."
Larry-Spiwak  PhoenixCenter  enforcement  mergers  FCC  opinion 
october 2015 by pierredv

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