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216. United States v. Apple (Complaint) : Steve Sinofsky of Microsoft points out DOJ lawsuit faults


March 21, 2024 the United States filed an antitrust complaint against Apple. The filing is a new approach to antitrust and hinges on mostly how Apple chose to design the iPhone from the very start.

In other words, a lot of what the DOJ will be arguing is that product choices Apple clearly made to up-level the iPhone offering in terms of security, privacy, reliability, battery life, and more since the introduction of the App Store when the phone was at 10% share are today anticompetitive. The fact that Bork’s book defined an era really bothers people as he was both a conservative justice predisposed to letting markets work and also denied a Supreme Court seat in confirmation hearings and vote. Amazingly the settlement required us to have precisely uniform terms for each OEM which they HATED because then there was no way to have something as simple as a cool bizdev deal tied to a new type of PC or a volume discount for the biggest customers.

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