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IANAL, but if the lawsuit was about selling smartphones, then yes I think so.

If the lawsuit was about selling some popular class of app in which Apple leveraged its monopoly over app distribution, I think the plaintiff could have a pretty strong case.

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Do you think that a court will permit a plaintiff to claim Apple has a "monopoly" over app distribution without an examination of its market power in the greater smartphone market?

Keep in mind that even if Apple only had 1% market share in the smartphone market they would still have a "monopoly" over app distribution on their own phones.

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