Re:Judge dismisses FTC and state antitrust complaints agains...
by ChrisLomont on Tuesday June 29, 2021 @05:59PM
(#27682306)
> Apple has something in that range in mobile phones in the US
Apple has around 49-51% of market share, with the rest being Android. This is no where near monopoly power.
https://www.statista.com/statistics/266572/market-share-held...
>I dunno, maybe they have a high market share in smartwatches too.
Nope, around 35% globally, similar US.
https://www.counterpointresearch.com/global-smartwatch-shipm...
Neither of these is large enough to likely bring a monopoly argument. I've looked over the years at cases and what is generally needed, and none have ever went anywhere with such small numbers.
The bar isn't 85%+, it's significant market power, which may be 60%, and could be less depending on the specific conduct and facts. Apple has something in that range in mobile phones in the US (but not in many other countries), so there is probably a real question of law on what the market is precisely, and what % is needed to show significant market power (as well as what Apple conduct, if any, is prohibites) as well as a question of fact regarding the specific market share controlled by Apple. I dunno, maybe they have a high market share in smartwatches too.
I don't think Netflix currently has significant market power, and the streaming market doesn't seem to have significant barriers to entry; everybody and their dog in the media business has launched WhateverPlus in the last few years to some success. That would be a hard case to make.