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by nodamage 2146 days ago
100% of lemonade sold on my front lawn is sold through my lemonade stand. Is that a monopoly too? Of course not, because it's not representative of the overall market and the alternative choices the consumer has.

> It' doesn't matter than they're only ~11% marketshare of smartphones sold.

It very much does, because it means the consumer can choose to buy an alternative smartphone that is better suited to them.

Moreover, for the purposes of antitrust action, both the US and Europe have thresholds for the consideration of monopoly power that are well above 11%:

US: Courts look at the firm's market share, but typically do not find monopoly power if the firm (or a group of firms acting in concert) has less than 50 percent of the sales of a particular product or service within a certain geographic area. [1]

Europe: The Commission considers that low market shares are generally a good proxy for the absence of substantial market power. The Commission's experience suggests that dominance is not likely if the undertaking's market share is below 40 % in the relevant market. [2]

[1] https://www.ftc.gov/tips-advice/competition-guidance/guide-a...

[2] https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A...