The latter isn't the dystopia you seem to think it is.
We have plenty of existing rules that are fine for enforcing access to markets.
There are tons of people who want to make great products and tons of people who want to buy them and tons of people who want to make them discoverable.
The issue is that large lawbreaking organizations are actively inhibiting that.
Consumers are good at avoiding consumer hostile vendors when they are actually given choices and opportunities to do so.
Maybe there's a third option?