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Just an idea. Why not penalize by percentage? If the goal of penalties is to prevent companies from breaking laws that are equally valid for everyone. Otherwise, companies holding most capital will be practically above the law.



> Why not penalize by percentage?

The ACCC usually does do it this way.

Some recent examples: https://www.accc.gov.au/media-release/air-nz-penalised-15-mi... - Air NZ penalised $15m https://www.accc.gov.au/media-release/iphone-and-ipad-misrep... - Apple fined $9m https://www.accc.gov.au/media-release/domain-name-corp-and-d... - Domain Name Corp/Agency fined $1.95m

You'll see that most of these amounts are pretty close to the amount the companies made from the activities and scale with the size of their operations


Right. Given their size, I'm not sure how painful this amount would be to the offender. Too low, and it's just a cost of doing business. A percentage penalty (of nationwide if not worldwide revenue) might prove much more concerning to them, much as we're seeing with general alarm caused by the fear of the GDPR's percentage penalty.




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