Regulatory capture - Wikipedia, the free encyclopediaLikelihood of regulatory capture is a risk to which an agency is exposed by its very nature.[4] This suggests that a regulatory agency should be protected from outside influence as much as possible. Alternatively, it may be better to not create a given agency at all lest the agency become victim, in which case it may serve its regulated subjects rather than those whom the agency was designed to protect. A captured regulatory agency is often worse than no regulation, because it wields the authority of government. However, increased transparency of the agency may mitigate the effects of capture.(including regulatory capture).[5]
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Which totally ignores the fact that the SEC, when "captured", made things "worse" by not doing anything.
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Most of the reg agencies start off 'captured'. They're generally set up by the vested interests in a given industry to further entrench their dominance. Look at ACA for a primer.

