Abstract: Regulatory investigations by Self-Regulatory organizations (SROs) have been recognized to usually be cheaper than investigations by the government. However, in practice, oversight by an SRO is mostly still supplied with forms of governmental oversight. The government may exert oversight over the SRO itself, a construction referred to as “meta-regulation" or "co-regulation", or over the members of the SRO. Indeed, the overall performance of SROs has been mixed and theoretical models show that SROs have incentives to set lax standards or cover up detected violations. However, some research indicate that meta-regulation, oversight of the SRO itself, may nonetheless not be necessary in some settings. Using a costly-state-verification model, DeMarzo et al. (2001; 2005) show that when the government implicitly threatens to perform additional investigations of the SROs members, a relatively "good" outcome can be established as an equilibrium. In this "good" outcome, the SRO chooses to follow high performance standards in order to pre-empt any of the (relatively costly) governmental investigations. As a result, no costly governmental investigations of the SRO's members take place, and no meta-regulation of the SRO is necessary.
I extend this model to include plausible settings where the actual rigor of oversight by the SRO can be verified only ex-post. I show that in such settings, the SRO may have incentives to announce stricter regimes than it effectively implements and that, as a result, a "bad", Pareto-inefficient outcome is established as an equilibrium. In the "bad" outcome, the SRO relinquishes all oversight to the government. The predictions of this model are supported by experimental tests. The "good" equilibrium can be re-established as an equilibrium with sufficient meta-regulation of the SRO. The results thus indicate a continuing need for meta-regulation in these settings. This form of meta-regulation may be of a relatively light-handed nature, limited to verifying and sanctifying that the SRO implements its announced policies.