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Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Monday, November 20, 2017

Eyal-Cohen Presents The Cost Of Inexperience Today At Loyola-L.A.

Eyal-Cohen (2017)Mirit Eyal-Cohen (Alabama) presents The Cost of Inexperience at Loyola-L.A. today as part of its Tax Policy Colloquium Series hosted by Katie Pratt and Ted Seto:

Free market entry is vital in preventing concentration of market power and eliminating large deadweight losses. Yet, in recent years, studies show that newcomers are less successful than existing firms that have diversifies their products in the market. What might explain this phenomenon?

This Article unveils a regulatory catch 22. It reveals that although a regulation may be efficient in correcting a certain market failure, its distributional effects may create another. It exposes the degree to which “economies of experience” in regulation create significant disadvantages to newcomers and provide substantial advantages to oldtimers. Being well-versed in their marketplace, old-timers possess knowledge, familiarity, and influence over the rulemaking process. New or “green” entities entering regulated market or dealing with a new rule face proportionally larger costs to obtain regulatory insight. Consequently, an anomaly exists when government choice may de facto hamper innovation and survival of newcomers, the same goals it seeks to promote.

To remedy this inconsistency, the Article suggests ways to offset these distributional asymmetries through the use of information cooperatives, regulatory sandboxes, and compensatory mechanisms. These solutions offer policymakers greater regulatory efficiency without resorting to deregulation.

Eric Allen (USC) and Elizabeth Pollman (Loyola-LA) are the commentators.

http://taxprof.typepad.com/taxprof_blog/2017/11/eyal-cohen-presents-the-cost-of-inexperience-today-at-loyola-lanj.html

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Comments

I got dem ol' unintended consequences blues again. Always happens when you first try to deceive, whoops, I meant regulate.

Posted by: Dale Spradling | Nov 21, 2017 6:12:39 AM