but the actual definition of regulatory capture is that regardless of the reason regulation exists (which usually is a real reason, not an invented one as in the article - the article doesn't have regulation resulting from anything any member of the public actually objected to), the regulating bodies will be captured. So take a real reason: let's say we (the public) want to improve Comcast's level of (notoriously bad) service, even in areas where they happen to be a sole provider. So how do we do this - we can only do it through some regulating body. So, okay, let's improve Comcast's atrocious service. The idea of regulatory capture is even though we have a great reason to do this, Comcast can still capture that body, and be better-off than before the regulator existed - at the expense of the public. Which is why we don't do it!

http://en.wikipedia.org/wiki/Regulatory_capture