Then it would become a compensation, not a fine; they'd just lose a bit of the profits they (wrongfully) made, but it wouldn't discourage them from doing it again - I'm sure that for every instance of things like this being found out and fined, there's ten or a hundred instances where companies get away with it.
For me it's fine to do so. Just don't do it. Bonus point it avoids back- and forth-reckoning "minimizing" the profit for this particular offense. We would get stuck with a similar problem we have with taxes.
