I would ask first what sort of company this is, and what privileges it carries. A regulated company, as I described it, resembles the corporations of trades so common in the towns of Europe, and is a sort of enlarged monopoly of the same kind; the monopoly is more or less strict according as the terms of admission are more or less difficult. The article tells me that a commission is to review a combination of two large utilities, and that a hearing examiner has ordered one of the parties to produce records involving past political allegations, an internal investigation, and its dealings with political consultants. I would not treat the size of the transaction as proof of anything. I would ask what exclusive advantages, if any, the arrangement secures, and to whom.
The interest of the dealers in any particular branch of trade, I wrote, is always in some respects different from, and even opposite to, that of the public; to widen the market and to narrow the competition is always the interest of the dealers. To narrow the competition must always be against the public, and can serve only to enable the dealers to raise their profits above what they naturally would be. The proposal of any new law or regulation of commerce which comes from this order ought always to be listened to with great precaution, and never adopted till after long and careful examination, not only with the most scrupulous but with the most suspicious attention. The commission's review is precisely such an examination, and the order to produce records is the sort of scrutiny I would counsel.
I would distinguish, however, between the general tendency of such privileges and the particular facts of this case. The article does not tell me whether the combination would restrict competition, nor what the political allegations amount to. What it does tell me is that regulators are asking for records and receiving an update. That is the arrangement I would watch: not the price of the deal, but the terms on which the trade is to be carried on, and whether the public is served or taxed by it.