Jeff John Roberts at GigaOM:
In throwing out the case, Chen accepted GoGo’s argument that it doesn’t have dominant market share because it covers only 16% of all US airplanes, and it’s possible for the remaining planes, which do not offer internet, to sign up with a competing service provider. The internet contracts are sold on airplane-by-airplane basis, and not across entire airlines.
As noted in the article, Gogo has an astounding 85% share of aircraft that offer in-flight internet service in the USA. However, that is altogether different from having a monopoly on in-flight internet service when that 85% share represents only 16% of all aircraft in the USA. This lawsuit seems like it was brought forward by people who feel that they are entitled to everything that they want.