You are very confused. Courts don't make calls as to whether companies are monopolist in general. The judge doesn't even try to do that (though someone is tryin

You are very confused. Courts don't make calls as to whether companies are monopolist in general. The judge doesn't even try to do that (though someone is trying to make it seem like they have). They make a call about whether a company has monopoly power in a specific market defined in a specific case. In this case, the court does not believe Apple is a monopolist in a specifically defined digital gaming market. That has no bearing or relevance on whether they are a monopolist in some other defined market (or even on a different day in the same market!)