Regulators Are Almost By Definition Anti-Consumer
Free markets are governed and regulated by consumers. If suppliers offer something, and consumers like it and like how that particular supplier provides it more than other choices they have, the supplier will likely prosper. If suppliers attempt to offer consumers something they don't want or need, or already have enough of from acceptable sources, the supplier will likely wither and disappear. That is how free markets work. Scratch a Bernie Sanders supporter and you will find someone who does not understand this basic fact of consumer sovereignty.
Regulators generally are operating from a theory that says there is some sort of failure in the market, that consumers are not able to make the right choices or are not offered the choices they really want and only the use of force by regulators can fix this failure. In practice, regulators have no way of mandating a product or service that producers cannot economically or technically provide (see: exit from Obamacare exchanges) and so all they actually do is limit choice by pruning products or services or individual features the regulators don't think consumers should be offered. They substitute the judgement of a handful of people for the judgement of thousands, or millions, and ignore that there is not some single Platonic ideal of a product out there, but thousands or millions of ideals based on the varied preferences of millions of people.
A reader sends me a fabulous example of this from the Socialist Republic of Cambridge, Mass.
Month after month, in public meeting after public meeting, a trendy pizza mini-chain based in Washington, D.C., hacked its way through a thicket of bureaucratic crimson tape in the hopes of opening up shop in a vacant Harvard Square storefront. But when the chain, called &pizza, arrived at the Cambridge Board of Zoning Appeal in April, the thicket turned into a jungle.
Harvard Square already has plenty of pizza, board chairman Constantine Alexander declared, and though a majority of the board signed off on &pizzaâs plans, approval required a four-vote supermajority. Citing the existence of five supposedly similar pizza joints in the area, as well as concerns about traffic congestion, a potential âchange in established neighborhood character,â and even the color of the restaurantâs proposed signage, Alexander and cochair Brendan Sullivan dissented.
âA pizza is a pizza is a pizza,â Alexander said at one point during the April hearing, sounding suspiciously like someone who doesnât eat much pizza or give much thought to the eating habits of the 22,000 or so college students who live in the city.
A city ordinance dictates that any new fast-food place should be approved only if it âfulfills a need for such a service in the neighborhood or in the city.â But the notion that an unelected city board should be conducting market research using some sort of inscrutable eye test to decide precisely what kind of cuisine is appropriate for Harvard Square stretches that to the point of absurdity.