This is no different than when Microsoft got hit by fines and was forced to include the browser chooser. You were still free to install Firefox or Linux, but the issue was that the defaults on new PCs used Microsoft products, and most people use the default options.
For 1, what was the market landscape for smartphone websearch in 2009?
For 2, The Microsoft decision was the result of complex litigation relating to the specifics of microsoft's position in the market, defining what the "market" even was, and the nature of newly invented web browsers, and the conclusions reached in that trial were quickly disregarded by the prosecutor/government within a few years. There's no bright-line law here.
