What you are missing is the context of this phrase. It is almost exclusively used when talking about two entities are already competitors. Some of your confusi

What you are missing is the context of this phrase. It is almost exclusively used when talking about two entities are already competitors. Some of your confusion may come because this phrase is intended neither as a statement of fact, nor a course of suggested action. It is instead a rhetorical flourish intended to imply that one company has a subpar product and is using the legal system to make up for that.