Philosophically interesting perhaps, but legally irrelevant. EU competition law is primarily concerned with dominant market positions and the abuse of that dominance. As the junior partner in a duopoly, Apple are inarguably powerful enough to substantially manipulate the market.
https://en.wikipedia.org/wiki/European_Union_competition_law...
http://ec.europa.eu/competition/antitrust/procedures_102_en....
40% share is certainly a much lower bar than in the US, but would still not apply to Apple's share of EU smartphones.
Smart watches, on the other hand…
the argument is markets within the ios ecosystem, of which there's effectively one, and how it affects developers' ability to build on that ecosystem.
From your source:
>The Commission also takes other factors into account in its assessment of dominance, including the ease with which other companies can enter the market – whether there are any barriers to this; the existence of countervailing buyer power; the overall size and strength of the company and its resources and the extent to which it is present at several levels of the supply chain (vertical integration).
Apple clearly score very highly on most of these points.
My mistake, I was thinking of this in terms of US law, which is much less effective on these sorts of issues.