That did not set 95% as some kind of magic threshold. The test is written as "a dominant position within the common market or in a substantial part of it". The jurisprudence on this actually starts at 40%. Of the $100bn global app store sector pie, Apple have ~2/3 of it.
As one might imagine the full history is a bottomless pit of claim, counterclaim, strong-arm tactics, PR, subversion, argument, opinion etc where the truth goes to die.
You're citing EU law but this case between Apple and Epic is happening in a US court, which has historically held higher requirements for the finding of monopoly power (https://news.ycombinator.com/item?id=24312856). For what it's worth I do agree that Epic would be more likely to prevail if this case was under EU jurisdiction.
I don't think iPhone/iOS market shares in the EU are high enough. I couldn't find a definitive source, but it seems to be somewhere between 14% [1] and 25% [2], the latter in the wealthier European markets.
These numbers also include UK (I think), a traditionally strong market for Apple, but which should be out of EU Single Market by the end of the year.
IANAL, but I don't think that's enough for Epic to have a case in the EU. On the other hand I could see the EU being more likely than the US to regulate these kind of stores, to try to protect European editors against Apple/Google. But the lobbying would have to come from European editors, not from Epic.
This isn’t about device sales. The market in consideration is the $100bn/yr app-store market, of which Apple has 2/3 globally and around 55% of the European segment in 2019.
EU has already started an antitrust investigation into apples app store. Most likely they will get hit with a huge fine.
> The European Commission has opened formal antitrust investigations to assess whether Apple's rules for app developers on the distribution of apps via the App Store violate EU competition rules. The investigations concern in particular the mandatory use of Apple's own proprietary in-app purchase system and restrictions on the ability of developers to inform iPhone and iPad users of alternative cheaper purchasing possibilities outside of apps.
