[chongli]

Yes. The fine needs to take into account how much Facebook would stand to lose if the case went to trial and they were found guilty, setting a precedent for future actions against them. That seems like it could result in near-unlimited liability for Facebook. The fine for avoiding an admission of wrongdoing should be set equal to the expected value of all that liability, based on an estimate of the probability of winning the case.

[throwaway5167]

There's no way the government has the same resources as Facebook to make that case. The FTC loses when it goes to Court. Facebook would have more lawyers on the case than the FTC has paralegals total.

[chopin]

And that guarantees victory? Interesting judicial system you have, over there.

[luckylion]

Where is that fundamentally different in other countries for very large (especially domestic) players?

Will Germany actually take a swing at Volkswagen? Will Germany try to go after those that defrauded the government with cum-ex-trades?

Everybody vs banks regarding the Libor scandal? Sure, they paid some fines, but the fines were far below the damage done, and it appears to still have been a good investment for the banks, that is: all in all they made money, fines included.

Crime does pay at that level.

That's not something US specific, I believe.

[chopin]

I was referring to the fact that you can outpay your opponent.

Yes, large corporations can get away with much more in other countries as well, but rarely by outpaying their opponents.

[acct1771]

Disagree. The money is very important to creating and maintaining the position they sit in.