The Transparent Allocation of Limited Rights: What Types of Transparency Promote Public Interests?

Abstract

This chapter departs from the assumption that, notwithstanding that transparency is an essential element of competitive allocation of limited rights, it is also a diffuse concept. There are many different transparency obligations, and not all obligations have the same effect on the realization of public interests. Based on an overview of the different types of transparency obligations, this chapter explores the relation between the various types of transparency obligations and traditional market goals on the one hand, and transparency obligations and other general interests on the other. The purpose of the analysis is to answer the question of how these transparency obligations should be designed to balance the various interests that are pursued with competitive allocation of limited rights, whenever transparency is concerned.