i'd prefer it work like mario kart tbh, easier for the little co, harder for the big co
It’s not even as if anti-competition laws have much effect these days. There’s a real culture in the US of acting dishonourably and then asking for forgiveness later. And more often than not, the punishment for breaking the law is significantly less than the profit earned from those unlawful acts. So they’re incentivised to be unlawful.
This is why you need clear rules that equivalent regardless of income so everyone is clear where the line is drawn; but penalties that are weighted so that rule breaking cannot be gamified.
The whole shell corporation, off shore tax haven bullshit would probably make this infeasible but is there actually anything that can stop that? I don't have any good ideas, but I know corporations should not make money off breaking the law.
That basically sounds like "actual damages", which is already the norm for calculating penalties in civil suits.
> This percentage could be greater than 100% to ensure it is never incentivized to break the law.
... and "actual damages" is by definition 100%, though you can get higher than 100% by adding on "statutory damages."
(You can see this as applied to copyright infringement in 17 USC §504: https://www.law.cornell.edu/uscode/text/17/504).