That's certainly true. But this is Cory Doctorow who invented the concept of enshittification. I'd be super surprised if he thought anti-competetive behaviour is fine as long as you get away with it. My take is that he's saying "Not only is Zuckerberg a greedy asshole, but he's even stupid enough to make it provable in court."
Probably with some shades of 'shameless' / "everybody I know is doing it, and if it's normal it can't be illegal" too.
It shows a certain arrogance.
Some kind of too big to fail
I agree, I got the same impression when I was reading the article.