Capitalism is always underpinned by a strong legal system which is why most criticism is about constraining growth in legislation, not killing off interference outright. Copyright law is a good example of a law that made sense in it's original form but turned into a monster with scope-creep.
Although, if we're being realpolitik, every time government interference grows in scope and corrupts markets, capitalism still gets blamed and people call for more government to fix it (see: housing). So the capitalism vs state capitalism distinction isn't very meaningful in practice.
