"Regulatory capture" describes a state of affairs. If it just meant the basic incentives common to all regulation ever, it would be a useless term. And it causes harm not based on the basic incentives just sitting there, but based on a specific state of affairs existing. To prevent the harm, therefore, anything will do as long as it stops a harmful state of affairs from happening.
The thing is, there are methods of establishing regulatory bodies that do not create a governing body beholden to the entities regulated. Consider the Sierra Club, for example; they regulate environmental impact but don't answer to the corporate interests they oversee/certify, but instead to their shareholders/members directly.
A response essay written by Eliezer Yudkowsky posted at Cato Unbound for the issue Brain, Belief, and Politics:
Is That Your True Rejection? by Eliezer Yudkowsky
The lead essay has been written by Michael Shermer:
Liberty and Science by Michael Shermer