This note identifies and corrects some problems in the analysis of Spiegel
[International Journal of Industrial Organization 15 (1997) 191]. In partic
ular, it is shown that equity-only regulated firms will want to choose cost
structures with strictly positive fixed costs to induce the regulator to s
et prices that give strictly positive expected returns. Inefficient technol
ogy choice is a costly substitute for taking up debt in the Spiegel and Spu
lber [Rand Journal of Economics 25 (1994) 424] model. Regulatory opportunis
m may induce both the choice of inefficiently high fixed cost and inefficie
ntly high marginal cost technologies. Contrary to Spiegel [International Jo
urnal of Industrial Organization 15 (1997) 191] this implies that the intro
duction of debt may lead to the choice of technologies with higher or lower
fixed costs depending on the available set of technologies. (C) 2002 Elsev
ier Science B.V. All rights reserved.