Regulating mergers and acquisitions of U.S. electric utilities : : industry concentration and corporate complication / / Scott Hempling.

"What happens when electric utility monopolies pursue their acquisition interests--undisciplined by competition, and insufficiently disciplined by the regulators responsible for replicating competition? Since the mid-1980s, mergers and acquisitions of U.S. electric utilities have halved the num...

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Place / Publishing House:Cheltenham, England : : Edward Elgar Publishing,, 2020.
Year of Publication:2020
Language:English
Physical Description:1 online resource (234 pages)
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Table of Contents:
  • Part I: The transactions : sales of public franchises for private gain, undisciplined by competition, producing a concentrated, complicated industry no one intended Diverse strategies, common purpose : selling public franchises for private gain
  • Missing from utility merger markets : competitive discipline
  • The structural result : concentration and complication no one intended
  • Part II: The harms : economic waste, misallocation of gain, competitive distortion, customer risks and costs
  • Suboptimal couplings cause economic waste
  • Merging parties divert franchise value from the customers who created it
  • Mergers can distort competition : market power, anticompetitive conduct and unearned advantage
  • Hierarchical conflict harms customers
  • Part III: Regulatory lapses : visionlessness, reactivity, deference
  • Regulators' unreadiness : checklists instead of visions
  • Promoters' strategy : frame mergers as simple, positive, inevitable
  • How do regulators respond? : by ceding leadership, underestimating negatives and accepting minor positives
  • Explanations : passion gaps and mental shortcuts
  • Part IV: Solutions : regulatory posture, practices and infrastructure
  • Regulatory posture and practice : less instinct, more analysis; less reactivity, more preparation
  • Regulatory infrastructure : strengthen regulatory resources, clarify statutory powers, assess mergers' effects
  • The U.S. electric industry : a tutorial
  • Appendix A.1 List of companies referenced
  • Appendix A.2 Does federal bankruptcy law preempt a state commissions franchising authority?
  • Appendix A.3 Ring-fencing provisions approved by the D.C. Public Service Commission.