The idea that the actual rules are just an implementation detail is why you end up with legislation written by lobbyists and designed to further entrench the incumbents against competition. Say that one of the rules is that you create a list of mandatory payment providers that the"monopolists" must accept; such list shall be regularly updated, and so a board must be created, possibly composed of the industry players. How likely would it then be that a new startup could enter the market?
This is what's happening everywhere, and it's the result of the irrational reaction that we must have some regulation, without really thinking about what and how.
"[...] is why you end up with legislation written by lobbyists"
no, it is not.
Stating "uh the details of this are complicated, lets not do this" gets us nowhere. Following that logic you cannot have any laws at all.
" Say that one of the rules is [...]" Strawman.
This is what's happening everywhere, and it's the result of the irrational reaction that we must have some regulation, without really thinking about what and how.