Abstract:
This paper analyses the world-renowned enforcement pyramid model developed by Ayres and Braithwaite (1992) in their book Responsive regulation. Transcending the deregulation debate and its inherent limitations and assumptions in order to scrutinise from a theoretical perspective its potential effectiveness in enforcing regulation of collaborative platforms.
Ayres and Braithwaite (1992) argue that their enforcement model will be effective for all types of regulatees across different industries. By undertaking a literature review of the enforcement pyramid and critically analysing the model, this paper will address the conditions required for its effectiveness by identifying the main assumptions that underpin the theoretical model. Additionally, this paper will uncover the essential characteristics of collaborative platforms and explain why these are different from traditional industries and markets. Afterwards, this work will assess if the conditions required for the effectiveness of the theoretical model are materialised in the concrete situation of the collaborative platforms. The main conclusions of this paper show that the enforcement pyramid may not be as universally applicable as Ayres and Braithwaite present it due to specific circumstances that must be fulfilled for its effectiveness, such as binary and personal relationships between regulators and regulatees, shared understandings regarding regulatory aims and standards, absence of resource constraints, and simple regulatory environments, among others. Furthermore, these specific circumstances and assumptions that condition the effectiveness of the enforcement theory are not fulfilled in the business scheme of collaborative platforms. Therefore, the enforcement pyramid may not be a suitable enforcement model to tackle this new market reality, at least from a theoretical standpoint.
Citación recomendada (normas APA)
Carolina Boada Bayona, "The rise of digital platforms and the challenge to regulators: is Ayres and Braithwaite’s enforcement pyramid still adequate?", Colombia:-, 2018. Consultado en línea en la Biblioteca Digital de Bogotá (https://www.bibliotecadigitaldebogota.gov.co/resources/3711434/), el día 2025-05-31.
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