2014-12-28

Cato: You Shouldn’t Have to Ask Your Competitors for Permission to Start a Business

Occupational licensing laws make it harder and more expensive for people to get jobs or to create innovative businesses that might not fit into to conceptual box designed by last generation’s regulators. Worse, while these laws are supposed to be about protecting consumers against dangerous or inept practitioners, they’re often exploited by existing businesses to bar newcomers from competing against them.

But these problems are nothing compared to “Certificate of Public Convenience and Necessity” laws, also called “Certificate of Need” or CON laws. Unlike typical licensing rules, CON laws don’t have anything to do with whether a person is educated or qualified. Instead, they prohibit you from going into business unless you first prove to bureaucrats that a new business is “needed.” And these laws rarely define “need,” or explain how to prove it. Still worse, such laws usually allow existing firms to block a newcomer from staring a competing business. In short, CON laws bar you from going into business until you get permission from your own competitors. (It sounds like something from an Ayn Rand novel, right?)

Read more at http://www.cato.org/blog/you-shouldnt-have-ask-competitors-permission-start-business

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