So they seem to think it's possible to not install MIPs but still pass and protect in a similar manner.
MIPS (a privately developed, licensed technology) is not the only rotation/concussion game in town.
6D - ODS
100% - Smartshock
Bontrager - WaveCel
Fox - Fluid Inside
Kali - LDL
Leatt - 360
O'Neal - IPX ACells
POC - SPIN
Shred - RES
Smith - Koroyd
...and probably others
The term "regulatory capture" refers to the business strategy of developing intellectual property on a technology (patents, etc.) and then lobbying governments to mandate it.
Various companies have established their own in-house test protocols they feel best model the real world, and they are designing to optimize the results of those tests. Establish one mandated test, and products will be designed to pass that test, whether or not it realistically models the real world.