Apple fights to keep DOJ antitrust suit from reaching trial

> Apple has argued the case against it is overly speculative and amounts to a “judicial redesign” of the iPhone. It’s sought to downplay its own influence, saying the government doesn’t allege a large enough smartphone market share to add up to monopoly power. It characterizes the third-party developers who claim they’ve been harmed as “well-capitalized social media companies, big banks, and global gaming developers.”

The word “monopoly” means different things in law and everyday use. To most people, Apple is a monopoly - it just means a company that is unjustifiably large and powerful and relatively immune to competition and pressure. We need to change the law to reflect this new reality, that anti trust isn’t just about monopolies but other large companies too.

The second bit, where they try to characterize developers abused by the App Store as powerful big capital is laughable. Even if they were, what are they next to Apple’s control over app distribution and their war chest of capital, which exceeds virtually all VC firms?

The concept you are looking for is market power or monopoly power. But in reality it should be anti-competitive behavior and market domination. There isn't anyone that would argue that a single or a group of firms dominating a sizeable amount of market, enough that they could, not that they do, influence and undermine the competitors is a desired status quo.

A good market competitiveness index (or really a set of indexes) should also influence automatic scrutiny.