If I am the only company in America that produces widget x, I have a de facto monopoly, but I am not guilty of anything until and unless I attempt to exert my monopolistic influence to prevent competitors from taking my market share. If I am a pure monopoly, then it's possible that just running a loss-leading sale could result in antitrust violations, but if I am not a monopoly, or if I am a minority provider of widget x, then loss-leading sales are a presumptively lawful activity.
Edit: I believe closeparen makes this point more precisely with his post in this same topic:
That's not what monopoly really means. Peter Thiel (for whom I have lots of criticism) makes these things really clear in the way he discusses them. You could open up a British Food restaurant somewhere and be the only one in town. That doesn't make you a monopoly because the actual market is for all types of dining. There's not specific British Food market that you've captured. When businesses want to taut their power and monopoly status (whether to delude themselves or to get investors or whatever), they will pretend that the market is as narrow as their particular product. When they want to convince regulators that they are just one in a competing market, they'll widen the market as much as possible…
Small businesses drive net job growth, and they are also more innovative, producing more patents per employee than large firms.
Not to mention, smaller businesses allow more people to own capital. I'm sick of economic discussions that focus on jobs and wages - ownership is what gets people out of serfdom.
But, little guys are feeling the squeeze. "The Goliaths of today are so big and so adept at protecting their turf that they leave few niches open to exploit."
So, this isn't only about privacy, or the false perception that "big is evil." It's about economy as ecosystem. "Biodiversity" in the economy creates robustness against hard times and distributes resources in ways that allow many participants to thrive. Monocultures are extractive, and ultimately fragile.
Edit: source - http://bit.ly/2rhPiXp
Patents are not correlated with innovation. Tons of innovative things are never patented, and the majority of patents are largely bullshit. The patent system mostly gives tons of money to patent lawyers and power to companies who know how to use their patents to threaten innovators.
It may be true that small businesses are more innovative, but we simply can't use patents as a measure of innovation.
I happen to agree with the rest of your comment.