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Should one, given the tension with the other apparent failure mode being like "courts fine megacorp the statutory maximum of $1m for illegal practice that earns them >$1m per interval between successful court cases in profit"?

The general solution is contempt of court - i.e. the first time you do it, you get "illegal practice, $1m and you're ordered not to do this again", and if you do it a second time, you get "contempt of court, penalty is whatever the hell we want". Contempt of court has very few hard limits because the whole point is to patch this loophole by allowing unlimited escalation in case of defiance; I know the statutory maximum in the USA for individuals is life imprisonment, and for corps it's probably something equally dire.