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The Brown Shoe Company merger in the 1960s was shot down, even though it would only control around 7% of the nation’s shoe supply.

It’s important to not just consider the quantitative impact of the monopolist (percent of market share) but also the qualitative components (is it vertically integrated? is it hurting consumers?).

I’m not sure whether or not Apple is a monopolist, but I certainly think there are some arguments.



Yup, and at the time of the Paramount Decree the movie studios had 17% of theaters and 45% of film revenue. And that was across 5 independent studios.

Apple has over 50% of smartphone marketshare in the U.S. and over 60% of mobile app revenue.


US Antitrust law generally is about pricing, collusion (over pricing or market access), and competition more so than just monopoly power. It is straight up not illegal to be a monopoly, only to abuse the position.

I'm surprised there haven't been more attempts at a "tying" argument against Apple's App Store and their platforms, but I'm also not a lawyer. It has what looks like a pretty clear, long history of being considered an anti-competitive practice by the courts. You can buy a Brother printer and not have to buy paper or toner from them, why should I have to buy my apps from Apple? And to be clear, that is precisely how Apple thinks of the relationship between the user and the app. Apple owns that relationship. They mediate. They manage. They facilitate. No one else. Users don't buy apps. Users pay Apple. Apple pays the app developers.


> I'm surprised there haven't been more attempts at a "tying" argument against Apple's App Store and their platforms, but I'm also not a lawyer. It has what looks like a pretty clear, long history of being considered an anti-competitive practice by the courts.

Epic tried to make this argument in court and failed, mostly because tying is generally not illegal if the consumer is aware of the tie when purchasing and has the option to purchase an alternative product without such a tie.

In other words it would be absolutely legal for Brother to sell a printer that only uses Brother-branded paper and toner, because if you don't like those restrictions you can simply go and purchase a non-Brother printer instead.




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