The rules of markets are an emergent phenomenon based on human psychology. The government operates within those rules--it can create incentives and disincentives, but it cannot change the rules.
The idea of selling of goods predates any government. In their simplest form, how a market operates is determined by the agreement two people, a seller and a buyer for an exchange
When restrictions are applied, how the market operates is still determined by how people interact within those rules or by how they attempt to circumvent them to make their exchange.