Not for lawyers he specifically hired. He chose them, and he'd have to prove why he would have won with effective counsel. Good fucking luck with that - there isn't a lawyer on earth that could win this case for him.
The difference is, Borders wasn't creating books. They were just the middleman. It would be more like if individual publishers decided to all start their own book stores to compete with Amazon.
What would stop owners from shifting the burden to the renters?
As of right now this is already how property taxes are handled by most landlords: mortgage + tax + est. cost to fix incidentals + time managing paperwork = rent (in a fair situation - though most will tack on as much extra for "profit" as they can)
So if you have a house worth 600k (12k tax), the mortgage is $3500/mo, they would just charge $4500+ a month to cover their costs.
I think the only way is to add extremely progressive property tax to multiple ownerships, and a name always has to be attached as "owner". So your first house and second might have limited property taxes, but your third would be double, fourth would be quadruple, fifth would be 8x etc.
Whuuuuut are YEUNH doing heeeere?