Effective Regulation of Public Utilities
[O]ne can be concerned about the sustainability of competition and unsatisfied by ritualistic incantations of contestability without necessarily being a reregulator, crypto- or overt. The fundamental assumption of the antitrust laws—that laissez faire is not a sufficient recipe for the preservation of a competitive economy—is as valid today as it was ninety-seven years ago.
Alfred Kahn, "Deregulatory Schizophrenia," California Law Review (May 1987)
Infrastructure, Market Structure, and Utility Performance: Is the Law of Regulation Ready?
Infrastructure, market structure, and utility performance: three challenges for regulators, each one a multidisciplinary puzzle. What role can law play in finding solutions? This speech addresses three main questions: (1) Infrastructure Investment: How Do We Ensure Sufficiency and Prudence? (2) Market Structure: How Do We Produce the "Best Possible Mix of Inevitably Imperfect Regulation and Inevitably Imperfect Competition"? and (3) Utility Performance: How Do We Define It? How Do We Induce It?
Paper published by the National Regulatory Research Institute.