In short: My view on business law and policy is simple: policy shouldn't be about picking winners or punishing platforms. It should build the rails every new business runs on, meaning payments, shipping, credit, registration and second chances. These seven principles explain what that means in practice, the evidence behind each one, and where reasonable people push back.
When people hear "e-commerce policy," they usually think of the fights on the news: regulating big platforms, picking which companies get favored. That's where most of the attention goes.
I think the bigger questions are quieter. How do we let people accept payments faster? How do we get products out the door faster, at much lower cost than retail? My goal is to work on those policies, remove the roadblocks and make starting a business much simpler.
Why "rails"?
People say businesses fail because of a lack of capital, marketing or innovation. Those matter. But underneath them is something more basic: what it actually takes to start the business in the first place. The rails are the systems every business has to use to get paid, ship, borrow and register. When the rails are slow or expensive, good businesses never get going.
Principle 1: Make getting paid fast and predictable
What I mean: Small sellers should be paid in days, not months, and account holds should come with clear reasons and fast appeals.
The evidence: The Federal Reserve launched FedNow in July 2023 to support instant payments around the clock (Federal Reserve). Faster rails exist. The challenge is making sure small businesses can use them, and that holds and reviews on top of them are predictable.
The pushback: Payment companies face real fraud. Controls should stay. They just need to be clear, time-limited and appealable.
SDG link: Target 8.10, expanding access to banking and financial services (UN).
Principle 2: Cut registration paperwork and fees
What I mean: Starting a legal business should be cheap, fast and possible online, in one place.
The evidence: The World Bank's Business Ready (B-READY) project measures business entry among its core topics (World Bank). Its first report found economies tend to score better on their written regulations than on the public services needed to make them work. Rules on paper don't help if the process is slow in practice.
The pushback: Registration helps prevent fraud and protects consumers. Agreed. Simplifying the process isn't the same as removing it.
SDG link: Target 8.3, supporting entrepreneurship and the formalization of small businesses (UN).
Principle 3: Judge credit on real sales data
What I mean: A young business with steady online sales should be able to use that record to qualify for credit, not only years in business or property as collateral.
The evidence: The Federal Reserve's 2026 Report on Employer Firms found that of firms that applied for financing, 42% got the full amount they sought and 22% got none (Federal Reserve Banks). A lot of capable businesses come up short.
The pushback: Lenders need reliable data, and sales data can be manipulated. That's why it should come from verified sources like processors and marketplaces, with the business's consent.
SDG link: Target 9.3, increasing small enterprises' access to financial services, including affordable credit (UN).
Principle 4: Make cross-border selling cheap and simple
What I mean: A small seller should be able to reach customers in another country without a team of customs specialists.
The evidence: SDG 9 includes a target on significantly increasing access to information and communications technology and providing affordable internet access in least developed countries (UN). The internet already makes it possible to sell anywhere. Shipping, customs and tax rules are what make it hard.
The pushback: Countries need to protect tax revenue and consumer safety. Simpler rules for low-value shipments can do both, with clear thresholds.
SDG link: Target 9.c, on access to information and communications technology.
Principle 5: Give people a real second chance
What I mean: A failed business, a past mistake or a move to a new country shouldn't lock someone out of starting again.
The evidence: SDG target 8.5 calls for full and productive employment and decent work for all (UN). Entrepreneurship is one of the main paths to that for people who've been shut out of traditional jobs.
The pushback: Some past conduct should matter. Second chances should be fair and transparent, not automatic.
Principle 6: Measure rules by their effect on small firms
What I mean: Before a new rule takes effect, someone should ask what it costs a five-person business, not just a large company.
The evidence: In the US, the Regulatory Flexibility Act already requires federal agencies to consider the impact of their regulations on small entities and to look at less burdensome alternatives (SBA Office of Advocacy). It's a good model. I'd like to see that same thinking applied to payment, marketplace and shipping rules at every level.
The pushback: Small-firm exemptions can create loopholes. The answer is proportionate rules, not exemptions from protection.
Principle 7: Don't pick winners
What I mean: Policy should make the rails fair for everyone, including big platforms, small sellers and new entrants, rather than favoring a specific company or model.
Why it matters: Small sellers often depend on large platforms to reach customers. Rules that punish platforms can end up hurting the small businesses that sell on them. Rules that favor incumbents block the next generation. The goal is a fair, open system.
What all seven principles have in common
| Principle | Rail | SDG target |
|---|---|---|
| 1. Fast, predictable payments | Getting paid | 8.10 |
| 2. Simple registration | Starting legally | 8.3 |
| 3. Credit on real data | Borrowing | 9.3 |
| 4. Cheap cross-border selling | Reaching customers | 9.c |
| 5. Second chances | Starting again | 8.5 |
| 6. Small-firm impact checks | All rails | 8.3 |
| 7. No picking winners | All rails | 8.3, 9.3 |
▸ How I got here, and what I'm not claiming
These principles come from what I lived as a founder, from my first company at 13 through many startups that didn't work and one that grew. Today, I'm an advisor on innovation and economic growth to an international council working on SDG 8 & 9. I'm speaking for myself here, not for the UN or any council. I'm also not claiming these are new ideas. Most of them already exist somewhere. My argument is that they should become the standard everywhere.
FAQ: Robert Nikic on business law and policy
What is Robert Nikic's policy focus?
The basic systems small businesses depend on: payments, registration, credit, cross-border selling and second chances.
Does Robert Nikic support regulating big platforms?
His focus isn't on punishing or favoring platforms. It's on making the rails fair and efficient for every business that uses them.
What does "rails" mean in business policy?
The shared systems a business needs to operate: payment networks, shipping and customs, credit, business registration and the legal process.
Which SDG targets does this relate to?
Mainly SDG 8 targets 8.3, 8.5 and 8.10, and SDG 9 targets 9.3 and 9.c.
Fix the rails, and the founders will take it from there.
What is Robert Nikic's view on business law and policy?
Robert Nikic's view is that business law and policy should focus less on picking winners and more on the rails every business uses: fast payments, simple registration, fair credit, affordable cross-border selling and real second chances.
This article is general information, not legal advice.
Related reading: Robert Nikic on Payment Laws · Robert Nikic on Trademark Lawsuits · Robert Nikic on Second Chances · Why Small Businesses Can't Get Credit, and What SDG 9.3 Says
