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How Regulation Creates the Illusion of Competition

Guest Commentaries | SchiffGold | 28 Aug, 2026

Politicians consistently defend business regulation as a shield for consumers, but the airline, healthcare, and banking industries show how these rules actually protect incumbent firms from real competition. The result is a state-enforced cartel that limits market entry, keeps service quality at the regulatory floor rather than pushing it higher, and leaves consumers footing the bill for a system dressed up as free-market competition.

The following article was originally published by the Mises Institute. The opinions expressed do not necessarily reflect those of Peter Schiff or SchiffGold.

A previous article attributed widespread airline service failures not to individual carriers but to government interventions sold as consumer protections. Through a web of intricate regulations and controls, the state restricts entry, grants shared monopoly privileges to approved carriers, and creates what Rothbard calls a state-enforced cartel. The result is an illusion of competition that allows poor service to persist without attracting better alternatives. This article examines how the same pattern protects incumbents and suppresses competition across other industries.

The banking system provides perhaps the clearest example. Entry requires a charter, regulatory approval, access to payment networks, compliance with extensive federal and state laws, and deposit insurance. The Federal Reserve supplies bank reserves, emergency credit, and the benchmark underlying prime rates, while the FDIC protects depositors from losses and reduces their incentive to distinguish between prudent and imprudent banks. Together with the discount window, this protection creates moral hazard by socializing risk and encouraging loans banks might not otherwise make. The result is an illusion of competition within a protected system that shifts the consequences of risky banking onto taxpayers and the broader economy.…

Austrian Economics banking competition consumer choice free markets government regulation healthcare monopoly privilege Occupational Licensing public education regulatory capture state cartels