> is an economically sound and widely-used practice that has not previously been found to be unlawful
Not unlawful maybe, but unfair? I think the answer is yes.
It's already happened.
Being politically influential, vertically integrated, well organized, and able to negotiate cohesively as a cartel, the Seven Sisters were initially able to exert considerable power
I'm not sure I understand your argument or your views, as there is only the assertion about Apple ("Apple is more powerful...") provided without any of your own views explaining how that assertion has any bearing on this matter. If you can offer any further explanation of how to connect your comment with the case under discussion, I'd love to consider it in more detail. Anyways, proceeding with the best I can offer —
Do you believe that a US judge can issue a summary judgment against a defendant based solely on fairness, when based solely on case law they are not guilty of any crime? (Apple is the defendant, and US law is biased in favor of defendants in various respects.) I believe that such a finding, whether by a judge or a jury, usually results in the judgment being overturned by the appellate court.
In the context of the Seven Sisters example, then, the simple-test question for finding a judicial bridge for the connection between the Seven Sisters and Apple is below. I use "without basis in law" as a superset of "unfair but not unlawful". I would hazard a guess that the answer to this question is "No." but I haven't researched it further.
"In cases where the US member(s) of the Seven Sisters were defendants, did a judge or jury ever find against them without basis in law, and in such cases, were any of those judgments allowed to stand by the appellate court?"
Not unlawful maybe, but unfair? I think the answer is yes.
It's already happened.
Being politically influential, vertically integrated, well organized, and able to negotiate cohesively as a cartel, the Seven Sisters were initially able to exert considerable power
https://en.wikipedia.org/wiki/Seven_Sisters_(oil_companies)
Apple is more powerful, more influential, more vertically integrated and more capitalized than any of those companies.