[RobertoG]

>>"(of course they could still prosecute businesses for illegal action, but they could not solidify a business' power through subsidies or regulation)"

What it's an illegal or legal action comes from the power of government to create regulation. Any business at that level will have incentive to try to write the laws. They could even try to create subsidies that increase profits.

At the end of the day, you need rules, the question is who define the rules, some democratic process or money?