Source
Invest Like the Best with Patrick O'Shaughnessy — John Arnold - China, Energy Markets and Fixing America's Systems - [Invest Like the Best, EP.461] (March 4, 2026) ·
at 1:07:22 ▸
When this applies
when deciding how much and what kind of regulation any sector needs
The takeaway
Don't ask 'is regulation good or bad' in the abstract — diagnose the specific market failures present in a system and size/target the regulation to those failures, then expect and plan for perpetual gap-exploitation (cat-and-mouse).
Why it works
Regulation exists to counteract market failures (information asymmetry, third-party payers, etc.); where those failures are severe, heavy input-based regulation is required, while where they're minor, lighter output-based regulation suffices — and in either case, firms will constantly probe for and exploit regulatory gaps, requiring regulators to proactively evolve the rules.
One level up
Good governance of any complex system requires continuous adversarial co-evolution between rule-makers and rule-exploiters, not static rule-setting.
Where it stops holding
This stops working when regulators lack the capacity or political will to continuously monitor and update rules, letting gap exploitation run unchecked indefinitely.
Detail
approach: Diagnose the specific market failures (asymmetric information, third-party payer, etc.) in a sector before deciding how much/what kind of regulation it needs.
signals:- presence of third-party payers
- provider information asymmetry
- evidence of firms exploiting pricing loopholes (e.g., skin-substitute six-month pricing window)
rationale: Healthcare's extreme market failures justify heavy, detailed regulation; K-12's fewer market failures justify output-based, lighter-touch regulation and separating government's regulator role from service-provider role.
In their words
It's not, is regulation good or bad? It's different systems need different types of regulation. And there's always going to be this cat and mouse game between regulators and the private actors.