Writing it in passive voice makes it look like there is some governmental force at play that made them license on FRAND terms. They voluntarily agreed to that in negotiations with a standards body/industry consortium which otherwise would not have agreed to utilize their technology in a communication standard. The trade-off is they benefit automatically by getting distribution and licensing the technology to a lot of people that need to implement that standard.
The key point here is that 90% market share constituted monopoly power, whereas Apple's 46% share of the smartphone market likely does not.
I'm not sure why you think this? Sure, certain Sherman Act violations (e.g. price fixing) do not require monopoly power to be considered illegal, but the specific claims in Epic's lawsuit (unlawful monopoly maintenance) definitely require proof of monopoly power.
The average American spends some what, 4-5 hours a day on their phone? Is there any even remotely comparable precedent for a company to control all trade through everything? The best I can think of is cable, imagine if there were only two cable companies and they not only had unilateral ability to control which channels appear, but also charged 30% to every channels profit.
Further, how many different commercial activities do people do every single day on their devices? This is a far, far bigger thing than any platform before it. And it’s dominated by only two companies with a history of collusion. These platforms are nothing at all like “a market” and trying to argue from narrow historical frames is poor form.
They are far bigger things. It’s more akin to a world, people use them for literally every part of their lives. I don’t think narrow precedent should ever rule our thinking and especially when it’s clear there is no historical precedent here. We need to be “courageous” enough to use moral and logical thinking and not legalistic weaseling, we need to legislate them as new types of markets far bigger and more important to every persons life than any that’s ever existed.
Proving a conspiracy claim requires two parties to knowingly participate in the conspiracy. While you may believe Apple and Google are conspiring together there is a reason Epic's lawsuit does not make any conspiracy claims - their lawyers know they'd never be able to win such a claim.
At any rate that is irrelevant to my point: Epic made several claims in their lawsuit that will require proof of monopoly power.
Sure, Epics specific case may be the only strategy they can take - they won’t find any documented collusion when there’s only two players, that’s obvious. They already colluded to suppress wages. We can all see what’s happening. You’re arguing semantics on one side then arguing generalities on the other. But let’s call a spade a spade: theres no smoking gun, but they are colluding, it’s just a silent “don’t lower yours and I won’t lower mine” nod.
Edit: further, with the amount of lock in they each have, there’s not much pressure anyway. It’s just not comparable to anything really that has existed beyond Windows/Mac which were/are entirely open. And it goes even further. Mobile phones are on people at all times. They do way way more. You have accounts with hundreds of apps, services. It’s just not a comparable thing, it’s a world with big lock-in.
> Because it would be inappropriate to punish a firm for its natural monopoly in its own products, courts embraced a sweeping prohibition against analyzing alleged anticompetitive activity by focusing on single-brand relevant markets: "[A]bsent exceptional market conditions, one brand in a market of competing brands cannot constitute a relevant product market." [2]
For a much more thorough explanation see my linked comment below.
[1] https://news.ycombinator.com/item?id=24193731
[2] https://casetext.com/case/metzler-v-bear-automotive-service-...
The argument is that Apple is using their market power to set prices that seems well above the marginal cost. And they also have created policies that prevent competition in their store. Imagine Windows not allowing any apps unless they give them a 30% cut.
A monopoly by Standard Oil was pervasive in all of daily living because by the early twentieth century, they had control of more than 90% of the country's petroleum fuel production and logistics which they abused to keep any competition from ever gaining a foothold. By 1911, they were dissolved by the Supreme Court as per Sherman Antitrust Act.
VBucks and Fortnite are not pervasive in all of daily living, it is a tiny market and the monopoly is one which can easily be managed by society without breaking up the company.