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Not all antitrust violations require monopoly power, that is true. For example, price fixing is illegal even if the companies involved do not have monopoly powe
by nodamage 6y ago
Not all antitrust violations require monopoly power, that is true. For example, price fixing is illegal even if the companies involved do not have monopoly power.
However, several of the claims Epic made in their lawsuit do require proving that Apple has monopoly power, which is going to be a difficult argument with their current 46% market share.
- woofie11 6y agoWhich ones? I only skimmed the case, but it looked like market power would suffice. In either case, the standard legal approach is to throw the kitchen sink of claims, to see which ones stick. Most claims get rejected by the courts, but if you have a few that work, it's enough. It also helps settle. If I have a dozen $10 million dollar claims, with a 5% chance of success each, a rational opponent will throw me $6 million to go away. If the parties settle, the kitchen sink approach is not a bad one to get a better settlement.
- nodamage 6y agoThe claims of "unlawful monopoly maintenance" in particular. But you're right, I think their best chance of success is the tying claim between "iOS App Distribution" and "iOS In-App Payment Processing" which only requires market power. I don't think Epic cares to settle here though, they have more than enough money to keep this suit going for the next decade.