Scott is right on the thicket of government regulation. My ex-wife who served 8 years in the state legislature told me that two out of every three visits by corporate lobbyists were about their ideas for new and updated regulations-- for their competitor.
Meanwhile, in a parallel mechanism -- the legal system -- the same points arise again...as anti-trust theory in its endless evolution.
The cost is staggering, but nothing will halt it because it provides good employment to too many articulate, well paid people.