Fair enough, I replied poorly, but the judgment doesn't appear to be based on Apple being monopoly or size of the business, as far as I can tell. The issue appears to be of anti-steering, more than the number of customers/its market share. Epic notably failed to prove Sherman act violations, didn't it?
>After a bench trial, this Court entered judgment on September 10, 2021, finding thatcertain of Apple’s anti-steering rules violate the California Unfair Competition Law (“UCL”)under its unfair prong.
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As to the merits of Apple’s UCL violations, Apple did not directly challenge this Court’s application of the UCL’s tethering and balancing tests, instead arguing that(i) the UCL’s “safe harbor” doctrine insulates its liability because Epic failed to establish Sherman Act liability
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As to Apple’s “unfair” practices under the UCL, the Court explainedthat Epic could demonstrate unfairness under either a “tethering” test or a “balancing” test. Id. at1053. The “tethering” test required Epic to “show that Apple’s conduct (1) ‘threatens an incipientviolation of an antitrust law,’ (2) ‘violates the policy or spirit of one of those laws because itseffects are comparable to or the same as a violation of the law,’ or (3) ‘otherwise significantlythreatens or harms competition.’” Id. at 1052 (quoting Cel-Tech Commc’ns, Inc. v. Los AngelesCellular Tel. Co., 973 P.2d 527, 544 (Cal. 1999)). While the Court held that Epic’s claims basedon app distribution and in-app payment processing restrictions failed to state a claim of unfairpractices, the Court held that Apple’s anti-steering provisions were severable and constitutedunfair practices under the UCL
I'm not sure that the scale or usage really matters.
the judgment doesn't appear to be based on Apple being monopoly or size of the business
our anti-trust laws are not about being a monopoly or the size of your business: they are about abusing market dominance (where up or downstream has no choice) with unfair business practices.
a monopoly that charges fair prices and does not abuse suppliers and customers will not encounter any legal difficulty
The actual judgment: https://www.documentcloud.org/documents/25924283-epic-v-appl...
>After a bench trial, this Court entered judgment on September 10, 2021, finding thatcertain of Apple’s anti-steering rules violate the California Unfair Competition Law (“UCL”)under its unfair prong. ... As to the merits of Apple’s UCL violations, Apple did not directly challenge this Court’s application of the UCL’s tethering and balancing tests, instead arguing that(i) the UCL’s “safe harbor” doctrine insulates its liability because Epic failed to establish Sherman Act liability ... As to Apple’s “unfair” practices under the UCL, the Court explainedthat Epic could demonstrate unfairness under either a “tethering” test or a “balancing” test. Id. at1053. The “tethering” test required Epic to “show that Apple’s conduct (1) ‘threatens an incipientviolation of an antitrust law,’ (2) ‘violates the policy or spirit of one of those laws because itseffects are comparable to or the same as a violation of the law,’ or (3) ‘otherwise significantlythreatens or harms competition.’” Id. at 1052 (quoting Cel-Tech Commc’ns, Inc. v. Los AngelesCellular Tel. Co., 973 P.2d 527, 544 (Cal. 1999)). While the Court held that Epic’s claims basedon app distribution and in-app payment processing restrictions failed to state a claim of unfairpractices, the Court held that Apple’s anti-steering provisions were severable and constitutedunfair practices under the UCL
I'm not sure that the scale or usage really matters.