And considering it was controlled entirely by a single entity before, nothing has really changed except the structure of the entity (profit vs non-profit). Technically speaking, I don't think there is a requirement to prove consumer harm from antitrust activity, but I could be wrong. Which would, in theory, make such a case easier to win. Someone who knows a lot more than me on this once told me that requirement was left out of the antitrust laws because it was difficult to prove and there doesn't actually need to be harm to the consumer for their to be harm in general (meaning at least to other competitors). For example, a company can subsidize losses in one line of business with profits from another and keep prices reasonable/competitive in both areas while simultaneously stifling competition in the line of business that's losing money. Consumers still receive a good price but the harm is to the competition, which will cause company bankruptcies down the line and have longer term consequences. It also creates a barrier to entry for any prospective competitors. I think this was the real-world scenario that was used to leave out a requirement of proof of consumer harm. In fact, I also believe they don't even have to technically succeed they just need to merely attempt to monopolize something to be guilty of a felony. But again, since it's just changing hands from one entity to another, that might not fly.