> Courts do not require a literal monopoly before applying rules for single firm conduct; that term is used as shorthand for a firm with significant and durable market power — that is, the long term ability to raise price or exclude competitors. That is how that term is used here: a "monopolist" is a firm with significant and durable market power.
You quoted selectively. It goes on:
> 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. Some courts have required much higher percentages.
In addition, that leading position must be sustainable over time: if competitive forces or the entry of new firms could discipline the conduct of the leading firm, courts are unlikely to find that the firm has lasting market power
It is clear that A) Apple is not a monopoly and B) the market is very competitive
But Appoogle together clearly form a duopoly that does have monopoly power over the market. And they both charge 30% to App devs for the privilege of selling Apps on their respective platforms: coincidence or price collusion? Well it certainly looks like collusion from where I'm sitting.
(Yes, yes: Apple has just cut the rate for small devs. The big sellers still have to pay 30% though.)
You quoted selectively. It goes on:
> 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. Some courts have required much higher percentages. In addition, that leading position must be sustainable over time: if competitive forces or the entry of new firms could discipline the conduct of the leading firm, courts are unlikely to find that the firm has lasting market power
It is clear that A) Apple is not a monopoly and B) the market is very competitive