Regulatory Capture's Self-Serving Application

• 成果类型: Article
• 署名作者: Yackee, Susan Webb
• 署名单位: University of Wisconsin System; University of Wisconsin Madison
• 刊物名称: PUBLIC ADMINISTRATION REVIEW
• ISSN/ISSBN: 0033-3352
• DOI: 10.1111/puar.13390
• 发表日期: 2022
• 页码: 866-875
• 关键词: public-interest; food; agencies; access

摘要

Observers regularly assert that government regulations are captured-meaning the content of the regulation is diverted away from the public interest and toward the interests of regulated industry. I argue that the label of regulatory capture is often applied differently by policy losers than by policy winners. I hypothesize that when an entity is unsuccessful in achieving its goals during regulatory policy making, that entity is more likely to deem the process captured. With data from 41 FDA regulations and guidance documents, I find that-even when provided a common definition-those interest groups engaged in the same rulemaking vary as to whether or not they would categorize the process as captured. Moreover, this variation is negatively associated with whether the entity achieved its policy goals during the rulemaking. These findings imply that scholars ought to reassess capture's occurrence, as well as the political and policy implications attached to its invocation.