However, even the case you mention is unfair too. You're basically preserving your negotiation advantage to give you cheaper access to higher-performing talent.
Indeed, the very argument you make for candidates -- "just tell me your expectations" -- can be turned upon you -- "well, just tell me what you'd pay a top performer", and surprise, you don't want to, because it lessens your advantage.
This is exactly why this regulation exists -- no employer can justify the asymmetry in a candidate-positive way that holds water, so the government has to step in to correct the power imbalance.