> which seems to lend real credence to the argument that Apple would (most likely) not be understood as a monopoly in the courts
The issue isn't marketshare, the issue is defining the market within which marketshare is looked at. If you don't use some consistent objective defenition of market boundaries, you can pick or choose any result you want by how you describe the market applicable to any given case.
While it isn’t perfect, “the space within which consumer substitution in response to changes like pricing occurs from the given good or service” is a rough description of what market boundary determination in US antitrust/competition law aims at.
It's also, for obvious reasons, often the most contentious issue in antitrust cases, with a whole lot of market data thrown up by every interested party aimed at proving what the right market boundary is. If you just assume the boundary is some popular market description without interrogating whether consumer substitution for the given product really occurs across that whole descriptive market space (and, on the other side, only within that space), you are really just skipping over the most important question in antitrust.
If you're stretching "market power" and "consumer substitution" this far it seems like a whole lot of fashion brands would be "monopolies". Tesla. The BMW/Mercedes/Audi luxury German auto bands in the US. Google Search. Macs. Thinkpads. There are SO MANY market sub-slices where some brands have pricing power over others. Where do you draw the "how often do people have to switch" line? Some of use have switched multiple times between Android and iOS in the last decade, after all.
The issue isn't marketshare, the issue is defining the market within which marketshare is looked at. If you don't use some consistent objective defenition of market boundaries, you can pick or choose any result you want by how you describe the market applicable to any given case.
While it isn’t perfect, “the space within which consumer substitution in response to changes like pricing occurs from the given good or service” is a rough description of what market boundary determination in US antitrust/competition law aims at.
It's also, for obvious reasons, often the most contentious issue in antitrust cases, with a whole lot of market data thrown up by every interested party aimed at proving what the right market boundary is. If you just assume the boundary is some popular market description without interrogating whether consumer substitution for the given product really occurs across that whole descriptive market space (and, on the other side, only within that space), you are really just skipping over the most important question in antitrust.