While it would be a burden to require a degree of openness, it's not like companies are all rugged individualists who would never want to see legal restrictions in the field.
It's just a question of what is overall best and fairest.
Restrictions can both help and hinder innovation, and it's innovation that in the ling run makes things improve IMO.
If only it were so. But it's not just that. It's also a question of which section of society has the power to demand or prevent the creation of such a system.
Whether enacting labor protections or the Magna Carta, these beneficial restrictions require some leverage. Otherwise what is overall beat and fairest won't be coming up.