The article revolves a lot around the "how" and "why" but does not really answer it's own title. We thought we have the answer right there: in democracies, the people delegates working out the rules to a group of elected people. The rules then are enforced by another, independent group of people. Currently this seems to be broken in (not only) the USA.
The answer is: historically the incumbents define the rules and use safety as an excuse to build their moats by gaining exclusive rights and they end up being cartel/monopolies.
It’s a rhetorical question.