{"title":"Positive Regulation","authors":"R. Baldwin, M. Cave","doi":"10.1093/oso/9780198836186.003.0001","DOIUrl":"https://doi.org/10.1093/oso/9780198836186.003.0001","url":null,"abstract":"This chapter explores the case for viewing regulation positively. It argues that regulation is part of the process for creating economic wealth and social welfare. It proposes that using regulation to tame the corporation is about harnessing corporate capacities and motivations so as to maximize the excess of benefits over costs—taking both economic and social factors into account. The chapter looks at the elements of ‘positive regulation’ and it surveys the economic and social rationales for regulating. In doing so it looks at the reasons why companies and entrepreneurs need regulation in order to create wealth—and hence why fostering business activity looms large among the reasons for regulating. Taming the corporation, it is contended, is as much about the successful aligning of corporate and social objectives as about constraining business activity. The chapter, accordingly, outlines a positive approach to steering corporate power in productive and useful directions.","PeriodicalId":293904,"journal":{"name":"Taming the Corporation","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125835428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Regulating Digital Platforms","authors":"R. Baldwin, M. Cave","doi":"10.1093/oso/9780198836186.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198836186.003.0008","url":null,"abstract":"One of the most pressing regulatory challenges of recent years has been what to do about the hugely successful digital platform and related companies which now bestride the world. Their emergence provides a brutal and urgent test for positive regulation: Can legislators and regulators maintain the benefits generated by such influential new actors, but also control the adverse effects? This chapter focuses on the challenges posed by the platforms’ abuses of their market power. It starts with an exposition of the special features of two-sided platforms which may create a heightened or special need for regulation. It then considers how these features might play out, and focuses on the risk of markets ‘tipping’ into monopolies. It then discusses how general competition law might be strengthened to keep up with the new dynamics of digital platforms and how competition law can be supplemented by additional regulatory interventions. The concluding section discusses prospects for positive regulation meeting these new challenges.","PeriodicalId":293904,"journal":{"name":"Taming the Corporation","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124805159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Strategies for Success","authors":"R. Baldwin, M. Cave","doi":"10.1093/oso/9780198836186.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198836186.003.0003","url":null,"abstract":"Governments can set up a host of regulatory frameworks. They can pass laws, name and shame, impose taxes, create civil law rights, and so on. They can hand over regulation to independent agencies, and even allow firms to regulate themselves and monitor performance. This chapter looks at strategic choices and the conditions for using different devices successfully. It also reviews the potential of new-style and ‘non-regulatory’ controls such as ‘nudges’. The chapter emphasizes that positive regulation is predisposed to operate by harnessing self-regulatory capacities. Controls within firms, meta-regulatory systems, and schemes of industry self-regulation all provide means of passing the task of front-line control to firms or their associations. These approaches, like collaborative processes, bring a variety of advantages, but there are challenges in deploying such arrangements so as to produce desired results at lowest cost and in a manner that sustains public confidence.","PeriodicalId":293904,"journal":{"name":"Taming the Corporation","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132916870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}