I think it should, or some sort of oversight should be in place. Their filters are extremely aggressive. I have a specific GMail rule in place to ensure that all mail gets through and nothing gets sent to spam, but even with that the occasional message gets sent to spam. It's generally advertising, but never actually spam.
There's definitely for GMail to become the new "Windows", with everyone else fighting to stay connected.
Whatever lead to Microsoft being sued for pushing Internet Explorer in Europe and whatnot? Shouldn’t that kick in already for at least some of the recent Google bullshit?