I’m going to let that sit right there.
https://en.m.wikipedia.org/wiki/United_States_antitrust_law
Or, keep on using the definition from your imagination. Whatever works.
As far as IBM (the case was dropped after 13 years and nothing came of it) and MS, they clearly had more than 50%.
And I'll remind you, I'm not a lawyer. Technically, zero lawyers is a good number of lawyers, so I must insist that makes me a good lawyer. Just, I'd suck in court.
Yes and consoles makers have control of their consoles, Roku has control of their platform, as does LG with their WebOS based TVs.
Yet and still when you were challenged to come up with an analogous example, the best you could come up with is multiple companies colluding.
The case involved Kodak refusing to sell parts for its copiers to outside repair shops, and they were sued by the shops who claimed this was anticompetitive behavior.
Kodak made a claim that since there was robust competition in the market for copiers, they couldn't have market power in the aftermarkets for "Kodak copier parts and service." The Supreme Court rejected that argument, holding it was possible to show that there was market power (and therefore antitrust liability) in a secondary market even if the primary market is competitive.
Subsequent cases since Kodak have continually narrowed the scope in which Kodak is applied, and it likely would not apply here because people who buy iPhones have known since the App Store launched in 2008 that the App Store is the only place they'll be able to install apps from.
I recognize your username and I recall seeing good and thoughtful comments from you. I hope to meet you again in a more productive conversation.
> When enterprises are not under public ownership, and where regulation does not foreclose the application of antitrust law, two requirements must be shown for the offense of monopolization. First, the alleged monopolist must possess sufficient power in an accurately defined market for its products or services. Second, the monopolist must have used its power in a prohibited way. The categories of prohibited conduct are not closed, and are contested in theory. Historically they have been held to include exclusive dealing, price discrimination, refusing to supply an essential facility, product tying and predatory pricing.
Apple is exercising exclusive control over the market of apps made for the phones they make, so it looks to me like they satisfy the first requirement. The second requirement is murkier, but several of the examples listed sound quite similar to how apple operates its store. IANAL but the more I read about their behavior, the more I become convinced of their monopoly status. Having a monopoly is not a crime. Abusing monopoly power is.