This paper develops the idea that industry regulation can be treated a
s a bargaining between a firm and the public authority, and illustrate
s some consequences of this formulation. We investigate a typical regu
latory problem, where a firm chooses a cost-reducing investment before
price is subject to regulation. In a standard scheme, investment will
be lower than required by efficiency. If the possibility of negotiati
on is taken into account, we then show that this undercapitalisation r
esult can be reversed. Indeed, with sunk costs we can observe excessiv
e capitalisation.