There are not many objectively provable monopolies and i doubt that English law would support that claim without extremely strong evidence, generally utilities are the only ones that'd get close. A necessity with high fixed costs and infrastructure lock-in.
Steam has high market share in a segment, but not necessarily a distinct segment, I'm sure steam would argue that there are enough consumers who can and do substitute between pc and console and mobile, as well as other vendors so that their market power is mitigated by a fair amount of consumer mobility.
So what you're looking to prove is unlikely to be a pure "monopoly" but 'excess market power', and 'abuse of market power'. That is a complex legal art that the competition regulator is usually not that successful at proving, at least in English law.
Abuse of market power has to impact consumers not producers. There are always marginal producers struggling to make a profit - that happens in competitive markets, producers bidding prices down, some going out of business. I'm not saying I agree, but that's more or less how the law sees it, lookup what they let supermarkets get away with in contracts with farmers.
To show consumer harm from upstream market manipulation you'd probably have to show a material dearth of choice being created by steam policies in order to jack up prices. Maybe that can be demonstrated, but it's not simple and more likely to come down to subjective interpretation of the arguments and evidence from both sides rather than any unarguable objective truth.
If it were unarguable or objectively true then the CMA might lead the investigation itself instead of this being a private action. Though maybe this is too small a market for them to worry about.
squaresinger@lemmy.world 4 hours ago
You have to differentiate between a monopoly in economics and a monopoly in law.
In economics a monopoly is the only seller of a good with no other competition. If I am the only one who owns apple trees, I got a monopoly on apples.
In law a monopoly is someone who owns so much of the market that they can charge unfair prices. If I am the only one who owns large orchards full of the best kind of apple trees, it doesn’t really matter to me that someone else has a couple mediocre trees in their backyard. I am not a economics-monopoly, since someone else is also selling apples, but I hold enough of the market that I can set the price to whatever I want.
(Ok, the analogy isn’t perfect, but you get it, I hope. Basically the “excess market power” thing you talked about is the legal definition of a monopoly.)
Customers don’t necessarily need to be end customers. If steam is charging their business customers too much, that counts too. (It also affects the end customers too, btw.)
So the question is: If I don’t release a game on steam, will that cause it to underperform significantly? If so, does steam charge a lot above market price? If both of these questions are answered with yes, a lawsuit could be successful.
bryndos@fedia.io 3 hours ago
UK law basically doesn't use the term.
My point was that proving dominance and abuse is rarely objective fact. It sure isn't showing market share and that some games companies go out of business. They have to show the things that valve does to restrict competition - being popular isn't enough alone.
Your last question is quite a good example of how hard it is to prove because it includes counterfactual comparisons.
This might be why it seems (if the journo is to be believed) that they're going down the tie-ins angle for the DLC, not necessarily headline pricing. Thou the latter would probably a worse outcome for valve if guilty.