Actually the equation is quite a simple one:
Market Share Mac OS X:
8% = not a monopoly: anti trust regulations do not apply
Market Share Microsoft:
91 % = monopoly: anti trust regulation apply
In the European Union these regulations are defined in Article 81 and 82 of the Treaty Establishing the European Community
Article 82 of the Treaty is aimed at preventing companies who hold a dominant position in a market from abusing that position.
Apple: 8% not dominant
Microsoft: 91% dominant
Bundling the Internet Explorer with Windows was a violation of Article 82 because Microsoft has a dominant position in the Operating System market.
Bundling Safari with Max OSX is not a violation of Article 82 because Article 82 does not apply for Apple since it does NOT have a dominant position in the Operating System Market.
It's that easy. You break the law, you get punished.
Of course if your argument is that Apple is dominant in the Mac OS X market, because its market share on Max OSX is 100% - you got me.
Because apple does not have a monopoly on cell phones and Article 82 does not apply if you do not have a monopoly.
[edited by: jecasc at 9:27 am (utc) on Dec. 17, 2009]