When I refer to consumer welfare I'm referring to the "consumer welfare standard" that is relevant to antitrust cases. Epic's breach doesn't actually aid them in demonstrating that Apple has harmed consumer welfare. The same holds true for Spotify when they charged more on iOS to cover Apple's commission.
It will be interesting to see how consumer welfare standard will evolve to accommodate people paying more for IAP because of app store fees. It's likely that it will.
Probably 100% of congress uses an iPhone. 100% of judges. Every lawyer. It's right in their face. 100% of them use Google, 0% use Bing. I don't think I know a single non-engineering professional, English as a first language adult who uses an Android device.
It's not some abstract situation the consumer welfare standard didn't anticipate; it's the now. Nobody is going to sympathize with arguments about choice because that hasn't been true for a while - nobody makes the choice, not among these people, for alternatives, so is there really a choice?
