This paper is part of a research program. The aim of this program is to identify the structural and strategic determinants which are likely to influence the industrialization of an innovation (starch based bio-polymers used in packaging) in two countries, France and Germany. In this paper, we focus on one determinant, the regulation. More precisely, the aim of this paper is to present some theoretical considerations about the link between regulation and industrial structure. We intend to put forward that it is very difficult to analyze the impact of regulation on industrial structures because regulation is building by strategies of actors in the same time than industrial structures.