К вопросу поддержания (не убивания) здоровой конкуренции и адекватности вводимых регулятором ограничений - нашла вот выдержку по "principles of good regulation" английского FSA (сейчас уже FCA). Сорри, что на английском.
There are six principles of good regulation and these are as follows:
3. Proportionality – the restrictions that the FSA imposes on the industry must be proportionate to the benefits that are expected to result from those restrictions:
In making judgments in this area, the FSA takes into account the costs to firms and consumers.
One of the main techniques used by the FSA is cost benefit analysis of proposed regulatory requirements. This approach is shown, in particular, in the different regulatory requirements it applies to wholesale and retail markets.
4. Innovation – the desirability of facilitating innovation in connection with regulated activities:
This involves, for example, allowing scope, where appropriate, for different means of compliance so as not unduly to restrict market participants from launching new financial products and services.
5. International character – the international character of the financial services and markets and the desirability of maintaining the competitive position of the UK.
The FSA takes into account the international aspects of much financial business and the competitive position of the UK. This involves co-operating with overseas regulators, both to agree international standards and to monitor global firms and markets effectively.
6. Competition – the need to minimise the adverse effects on competition that may arise from the FSA’s activities and the desirability of facilitating competition between the firms it regulates:
These two principles cover avoiding unnecessary regulatory barriers to entry or business expansion.
Competition and innovation considerations play a key role in the cost-benefit analysis work. Under the FSMA, the Treasury, the Office of Fair Trading and the Competition Commission all, have a role to play in reviewing the impact of the FSA rules and practices on competition.
