I've seen this quoted multiple times now and I do not think it is the slam dunk people think it is. A literal monopoly is 100% market share, of course that is not required for antitrust law to apply. But the people who quote this intend to imply that 60% market share is sufficient to declare Apple a monopolist in violation of antitrust law, and that does not actually follow from a careful reading of this quote.
I will reply with a separate quote from the DOJ discussing what thresholds of market share are likely to be considered monopoly power:
> In determining whether a competitor possesses monopoly power in a relevant market, courts typically begin by looking at the firm's market share.(18) Although the courts "have not yet identified a precise level at which monopoly power will be inferred,"(19) they have demanded a dominant market share. Discussions of the requisite market share for monopoly power commonly begin with Judge Hand's statement in United States v. Aluminum Co. of America that a market share of ninety percent "is enough to constitute a monopoly; it is doubtful whether sixty or sixty-four percent would be enough; and certainly thirty-three per cent is not."(20) The Supreme Court quickly endorsed Judge Hand's approach in American Tobacco Co. v. United States.(21) Following Alcoa and American Tobacco, courts typically have required a dominant market share before inferring the existence of monopoly power. The Fifth Circuit observed that "monopolization is rarely found when the defendant's share of the relevant market is below 70%."(22) Similarly, the Tenth Circuit noted that to establish "monopoly power, lower courts generally require a minimum market share of between 70% and 80%."(23) Likewise, the Third Circuit stated that "a share significantly larger than 55% has been required to establish prima facie market power"(24) and held that a market share between seventy-five percent and eighty percent of sales is "more than adequate to establish a prima facie case of power."(25)
My reading of this is that below 50% is very unlikely to be considered monopoly power while above 70-80% is very likely. 60% appears to sit somewhere in between where it is possible but not likely. Historically, I have not seen any major cases where monopoly power was found at the market share level that Apple currently holds.
It is worth noting that the DOJ in their filing does not seem very confident in being able to prove that Apple's 60% of the smartphone market constitutes monopoly power either. They have instead opted to define a narrower market of "performance smartphones" where Apple apparently holds 70% market share, putting it above the thresholds quoted above. Whether this artificially narrowed market definition will be accepted by the courts will likely determine the outcome of this case.
I will reply with a separate quote from the DOJ discussing what thresholds of market share are likely to be considered monopoly power:
> In determining whether a competitor possesses monopoly power in a relevant market, courts typically begin by looking at the firm's market share.(18) Although the courts "have not yet identified a precise level at which monopoly power will be inferred,"(19) they have demanded a dominant market share. Discussions of the requisite market share for monopoly power commonly begin with Judge Hand's statement in United States v. Aluminum Co. of America that a market share of ninety percent "is enough to constitute a monopoly; it is doubtful whether sixty or sixty-four percent would be enough; and certainly thirty-three per cent is not."(20) The Supreme Court quickly endorsed Judge Hand's approach in American Tobacco Co. v. United States.(21) Following Alcoa and American Tobacco, courts typically have required a dominant market share before inferring the existence of monopoly power. The Fifth Circuit observed that "monopolization is rarely found when the defendant's share of the relevant market is below 70%."(22) Similarly, the Tenth Circuit noted that to establish "monopoly power, lower courts generally require a minimum market share of between 70% and 80%."(23) Likewise, the Third Circuit stated that "a share significantly larger than 55% has been required to establish prima facie market power"(24) and held that a market share between seventy-five percent and eighty percent of sales is "more than adequate to establish a prima facie case of power."(25)
https://www.justice.gov/archives/atr/competition-and-monopol...
My reading of this is that below 50% is very unlikely to be considered monopoly power while above 70-80% is very likely. 60% appears to sit somewhere in between where it is possible but not likely. Historically, I have not seen any major cases where monopoly power was found at the market share level that Apple currently holds.
It is worth noting that the DOJ in their filing does not seem very confident in being able to prove that Apple's 60% of the smartphone market constitutes monopoly power either. They have instead opted to define a narrower market of "performance smartphones" where Apple apparently holds 70% market share, putting it above the thresholds quoted above. Whether this artificially narrowed market definition will be accepted by the courts will likely determine the outcome of this case.