Obviously though you'd need to fine a company enough to cover 1) the damages and 2) the risk-adjusted benefit of cheating and hoping to not be caught and 3) a hefty wallop to encourage compliance.
If you only fine for directly provable damages you encourage cheats who find new hidden areas, and if you don't punish all offenders a certain base amount you encourage those who cheat for indirect gain (hard to quantify at trial) such as market share.
And to actually change behavior, attack the leaders directly. Corporate fines mean nothing! They're usually not even relevant to the directors and officers compensation. Prove conspiracy, force the company to withdraw legal aid, and attack their personal assets.
If you only fine for directly provable damages you encourage cheats who find new hidden areas, and if you don't punish all offenders a certain base amount you encourage those who cheat for indirect gain (hard to quantify at trial) such as market share.
And to actually change behavior, attack the leaders directly. Corporate fines mean nothing! They're usually not even relevant to the directors and officers compensation. Prove conspiracy, force the company to withdraw legal aid, and attack their personal assets.