管制与立法选择理论:1887年州际商业法案

Regulation and the Theory of Legislative Choice: The Interstate Commerce Act of 1887

Journal of Law & Economics · 1989
被引 122
人大 A-ABS 3

中文导读

研究了1887年州际商业委员会(ICC)的创立,指出其并非单纯服务于铁路卡特尔或纠正市场滥用,而是同时为铁路和短途托运人等非铁路利益提供好处,体现了国会制度对管制模式的影响。

Abstract

The economic effects of federal regulation cannot be explained from congressional institutions. Two factors determine the specific pattern. The first is how interests are represented in the Congress, especially in the relevant committees. Committees matter because their members can veto proposals made by others. The second factor is bicameralism. The need to build majority support in two chambers matters when interest groups are not distributed identically across both houses. Specific interests win in the legislative process because of their representation within the political institutions.
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\nWe examine the first major regulatory agency, the Interstate Commerce Commission (ICC), founded in 1887. The inception of the ICC was not solely a cartel mechanism for the railroads (as the pure capture view
\nasserts) nor solely a mechanism to correct market abuses by the railroads (as the public interest theory maintains). The ICC provided an benefits, some to railroads and some to nonrailroad interests, notably shorthaul shippers.

联邦规制立法选择州际商业委员会利益集团