The court system isn't putting up with it? You must have a liberal definition of punishment, if you expect $300mm to change behavior. If you add a zero it may have an actual impact, but at $300mm it's possible the companies net saved money.
edit: for a (very rough) estimate of how much money google saved, remember that in late 10 they gave their entire staff a 10% raise, effective 1 Jan 11. So if you look at their 2011 10k [2], a very rough underestimate of their comp expenses -- looking at R&D alone -- is $5,162 (numbers in millions). So if 1.1x = 5162, then x = 4692 and that 10% raise cost google $470m. A fine less than the savings of one year of your illicit behavior -- and for just one company! -- discourages behavior exactly how?
Considering it is not a criminal offense and instead a civil one, the only option for the courts is to fine them.
But I actually agree with you, as an alternative to unions the reaction I'd like to see is strengthening the courts ability to punish malicious acts by corporations and have more individual responsibility. As we've seen where banks destroy thousands of peoples lives by purposely gambling their savings away. Or pharma companies mislabeling products every year: https://en.wikipedia.org/wiki/List_of_Largest_Pharmaceutical...
While these cases are much worse than conspiracy to not hire people, I agree settlements aren't always the best solution because it seems to keep happening. There needs to be stricter and real punishment for businesses. One reason is we need to stop protecting those executives directly involved with the conspiracy from being shielded by corporate legal entities, who can easily pay out the fines.
Which is why I agree with the judge the current settlement is insufficient. Unfortunately a greater fine is the courts only option, that is the real problem IMO.
edit: for a (very rough) estimate of how much money google saved, remember that in late 10 they gave their entire staff a 10% raise, effective 1 Jan 11. So if you look at their 2011 10k [2], a very rough underestimate of their comp expenses -- looking at R&D alone -- is $5,162 (numbers in millions). So if 1.1x = 5162, then x = 4692 and that 10% raise cost google $470m. A fine less than the savings of one year of your illicit behavior -- and for just one company! -- discourages behavior exactly how?
[1] http://online.wsj.com/news/articles/SB1000142405274870352360...
[2] http://www.sec.gov/Archives/edgar/data/1288776/0001193125120...