The technical mission aimed to strengthen the cyber risk regulation and supervision, and testing for the National Bank of Georgia (NBG). The mission focused on (i) an assessment of NBG's cyber risk regulation, (ii) an assessment of cyber risk supervisory arrangements of NBG, (iii) assisting in...

Over the last couple of decades, non-majoritarian institutions (NMIs) have been introduced in many countries. Of late, they have been criticized as promoting technocracy to the detriment of democracy. A number of political scientists even argue that they would strengthen populists and be, hence,...

The rise of intermediary-less decentralized finance (“DeFi”) lending has led many to wonder how it should be regulated. Although DeFi lending could potentially offer reduced risks of centralization and market frictions, investors in DeFi lending are currently exposed to centralized risks and...

Following the traditional doctrine of the ‘regulatory state’, regulatory agencies should be given very focused mandates and stay away from the politicized realm of distributive policies and decisions. An opposing perspective would state that if regulatory agencies can contribute to economic...

Section 5 of the Federal Trade Commission Act of 1914 declares “unfair methods of competition” to be unlawful, but the precise meaning of that phrase has long been contested. Both the FTC and courts have generally deemed Section 5 to be textually ambiguous, and they have hence interpreted...

Purpose Reflecting on recent empirical developments as well as insights from regulatory state theory, the paper considers directions in which the regulatory state could develop in the post-COVID-19 era. Design/methodology/approach: This is a de-contextualised analysis of regulatory developments...

Around the world, regulatory institutions have assumed central roles in making and implementing public policy decisions. How well regulatory leaders manage these institutions ultimately shapes the degree to which regulation can succeed in solving social and economic problems. This chapter seeks...

The Federal Trade Commission’s initiative to use rulemaking powers to target “unfair methods of competition” under the FTC Act is part of a broader package of dramatic recent changes in antitrust enforcement policy and practice by FTC leadership. These changes, which have rejected the...

Regulatory agencies have traditionally been concerned with deterring unlawful conduct in the public interest. This article explores the emerging role of agencies in securing compensation for individuals in mass damage situations resulting from violations of EU private law. It identifies three...

There is growing concern about "algorithmic bias" - that predictive algorithms used in decision-making might bake in or exacerbate discrimination in society. We argue that such concerns are naturally addressed using the tools of welfare economics. This approach overturns prevailing wisdom about...

The US Food and drug Administration (FDA) is estimated to regulate markets accounting for about 20% of consumer spending in the US. This paper proposes a general methodology to evaluate FDA policies, in general, and the central speed-safety tradeoff it faces, in particular. We apply this...

The expression “personnel is policy” has become a truism in Washington. Yet our understanding of how the political branches use appointments to project influence into the administrative state is incomplete. This Article leverages data on almost one-thousand commissioners on eleven major...

Regulators act as “market referees”, balancing the often-competing interests of stakeholders such as governments, current and future actors in the markets, and consumers. At the same time, markets are rapidly changing due to new technologies, the international drive toward carbon-neutral...

This chapter explores the interaction between the enforcement of and compliance with difficult-to-enforce rules in the context of data regulation. We focus on the effect of the introduction of the GDPR and its transparency principle on the readability of privacy policies for a large sample of...

Die Arbeit zeigt die gestiegene Bedeutung des Verbraucherschutzes in der Aufsichtspraxis der BaFin auf und schlägt ein Konzept zur Abgrenzung des Einleger- und Anlegerschutzes vom Verbraucherschutz vor. Mithilfe der ökonomischen Analyse des Rechts werden die Fragen beantwortet, welche...

Im Rahmen der Energieversorgung steht die Bundesnetzagentur verstärkt im Fokus der Öffentlichkeit. Dabei beschäftigt sich die Behörde nicht alleine mit Fragen der Energieversorgung. Hinzu treten Fragen der Netzinfrastrukturregulierung, die auch die Bereiche des Telekommunikations-, Post- und...

This article investigates a recent change in the interpretation of art 33 of Indonesia’s 1945 Constitution by Indonesia’s Constitutional Court. Historically, art 33 has provided the Indonesian government with extensive power to control key economic sectors recognised by the Constitution. The...

The frontiers of power are changing. Or at least this is what we are compelled to conclude when we see how transformations in local, inter- and transnational politico-economic relations have caused unprecedented relationships in the contemporary world. This is evident in instances of mass...

Regulating Alternative Finance – Results from a Global Regulator Survey is a report that details the key findings from a global regulatory survey that was jointly conducted by the World Bank and the Cambridge Centre for Alternative Finance (CCAF) at the University of Cambridge Judge Business...

The democratic legitimacy of public administrations is usually seen as dependent on the control of their elected principles. As independent regulatory agencies challenge this notion, scholars have proposed four mechanisms to ensure their democratic quality: transparency, participation,...

The regulation of telecommunications, railroads, and other network industries has been based on mandatory unbundling and facilities sharing - entrants have the option to lease part or all of incumbents' facilities if and when they desire, at rates determined by regulators. This flexibility is of...

This paper examines the explanatory power of transaction cost economics to explain vertical integration decisions for lobbying by firms. We examine 150 lobbying contacts at the Federal Communications Commission (FCC) on the issue of payphone compensation for dial-around calls. When firms lobby...

We analyze some of the perverse incentives that may arise under the current Medicare prescription drug benefit design. In particular, risk adjustment for a stand-alone prescription drug benefit creates perverse incentives for prescription drug plans' coverage decisions and/or pharmaceutical...

In June 2009 a new financial supervisory framework for the European Union (EU) was endorsed, consisting of a macro- and a micro-prudential pillar. The latter is composed of a Steering Committee, a supranational layer and a network of national supervisory authorities at the bottom, de facto...

In the United States, the Food and Drug Administration (FDA) agency is responsible for regulating the safety and efficacy of biopharmaceutical drug products. Furthermore, the FDA is tasked with speeding new medical innovations to market. These two missions create an inherent tension within the...

Regulators act as “market referees”, balancing often competing interests of stakeholders, including governments, current and future actors in the markets, and consumers. At the same time, markets are changing at an unprecedented pace due to new technologies, the international drive toward...

Within the EU, various measures have been taken to harmonize access to the audit profession. Nevertheless, only minimum access requirements are defined by EU regulation. Our results show considerable remaining differences between the member states. They are the basis for an Access Requirements...