Emory Corporate Governance and Accountability Review


Scott Hempling


Regulatory capture is a pervasive problem in the public arena. The problem oftentimes leaves a policymaker with the paradoxical fear that if he exerts his power, he will eventually lose his power. While attempts at regulatory capture are inevitable, but that does not mean that actual capture must be as well. By crafting a more formalized definition; regulatory capture will be more easily anticipated, detected, and resisted. Identifying the sources and warning signs of regulatory capture can help in both defining the problem and finding solution. Ultimately, regulatory agencies should seek to combat regulatory capture with professional excellence.