The one major pitfall of 'loser pays' is that it creates greater risk for legitimate complainants that might still lose. It is less direct but still favors entities that can absorb that risk. Even so, I think you are right and it could be helpful especially if there is some 'legitimacy threshold' that must be crossed before it is invoked to keep the actual cases that need to be heard and judged by legal experts to be teased apart fairly from being quashed prematurely.