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The law will not see a company as having a monopoly just because they have a monopoly on their product. (Especially when that product has a minority market position.) Now there is a completely separate question of unfair competition, but this has to be answered on an App by App basis. Does Apple have an app that provides the service in question? Does Apple disallow competing apps which provide that same service? Is there a compelling reason for the prohibition (Security, physical safety, etc.)? There's an awful lot that goes into those questions. That said, it seems to me that if Apple is prohibiting spotify from being on its devices, this could be unfair competition. I don't really see any issue of safety with spotify. (I don't use it though, so if there is some safety or security issue with it, I'll freely admit I'm wrong.) Then, of course, the issue of the tax. That's a non-starter. Apple, actually any company, is allowed to charge for services rendered. They can't be compelled to provide app store and ecommerce services at no cost. |
Having a monopoly on Clorox bleach doesn't mean you have a monopoly on bleach. You have to define what the market is.
The issue is that iOS app distribution and Android app distribution are two separate markets, in a way that Clorox bleach and Great Value bleach are not. The apps being distributed are not the same (they have to be written specifically for each platform), the customers for each are almost entirely disjoint, etc. You can't substitute one for the other. You can't distribute your iOS app to iOS devices via Amazon or Google Play.
It's like operating a school. You don't have a monopoly on schools, but you control what kind of books and equipment your students have to buy. If you specify commodities (e.g. any laptop with a minimum spec and a web browser), you don't have a monopoly there either. But if you require the students to buy a specific thing that only you provide, now you have a monopoly. You've created a market with no viable substitutes and no other competitors -- that's what a monopoly is. And that's what the App Store is.
> They can't be compelled to provide app store and ecommerce services at no cost.
Nor is that what's needed. What's needed is competing app stores for iOS apps.