Direct to miner solutions prevent those tx's from being gossiped to avoid this.
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How would you prevent it? If company A pays MARA to mine a certain txn, then Company A also broadcasts the txn, what would hinder that?
Company A is incentivized to broadcast as well as work directly with MARA. Then MARA would be on the hook for an invalid txn included in the block. But if MARA wins the race, Company A still gets included.
RTFM for slipstream.