Yes, because obviously the government should play king maker with companies. What could possibly go wrong? Governments are definitely infallible and make the best decisions based on non biased information. I suggest they take an annual popular vote on which company to fine out of existence each year, that will surely get good results.
No, businesses should comply with the law. If all businesses comply with the law it's a level playing field so there is no 'king making'. There is the obligation of the government to take care of those that try to upend the board in order to win.