Because it is a non-sequitor. It uses hypothetical future bad behavior (which itself isn't proven) to justify an actual "bad" behavior to compensate before it occurs.
But, I am anti-anti-trust, so I don't have a problem with collusion of this sort; any inefficient collusion will eventually bloat and be disrupted (unless protected by the government as a sanctioned monopoly).
But you haven't explained why it's a load of bollocks.