> I tend to think the punitive impulse typically doesn't do that
Well when it comes to companies the punishment and deterrent should be monetary damages that will effectively make the undesirable behavior unprofitable and thus discourage it in the future.
But we're not doing that, setting the standard that antisocial behavior is acceptable (and rewarded by the market by being more profitable than acting honestly), thus it is no surprise that the little guys have a go at it (and guess what, since we're not punishing that either, there is no downside to doing it repeatedly).
Well when it comes to companies the punishment and deterrent should be monetary damages that will effectively make the undesirable behavior unprofitable and thus discourage it in the future.
But we're not doing that, setting the standard that antisocial behavior is acceptable (and rewarded by the market by being more profitable than acting honestly), thus it is no surprise that the little guys have a go at it (and guess what, since we're not punishing that either, there is no downside to doing it repeatedly).