Regulatory Bargaining and
Public Law
by Jim Rossi (Author)
This text explores the
implications of a bargaining perspective for institutional governance and
public law in deregulated industries such as electric power and
telecommunications. Leading media accounts blame deregulated markets for
failures in competitive restructuring policies. However, the author argues that
governmental institutions, often influenced by private stakeholders, share
blame for the defects in deregulated markets. The first part of the book
explores the minimal role that judicial intervention played for much of the
twentieth century in public utility industries and how deregulation presents
fresh opportunities and challenges for public law. The second part of the book
explores the role of public law in a deregulatory environment, focusing on the
positive and negative incentives it creates for the behavior of private
stakeholders and public institutions in a bargaining-focused political process
