That wasn’t the case for CDMA phones in the US (and back then not every manufacturer made models for multiple bands). There was no SIM card to swap in. If you could buy unlocked phones from the manufacturer without the carrier subsidy, what was anti-competitive about it?
That’s an interesting metric for anti-competitive practice. Isn’t a large number of user complaints basically the core mechanism that drives market competition? Once you have enough users complaining about an aspect of a product (or otherwise being underserved), why would they not go to a competitor if one is allowed to exist (as they are in this situation)?
A manufacturer had to have a relationship with carriers to move enough product to make its prices affordable even off-carrier. Manufacturers who couldn’t sell through carriers were effectively made uncompetitive by the carrier cartel, that also resulted in a number of other restrictions (how one can pay for stuff etc). In this sense, as I wrote elsewhere, Apple strong-arming ATT was a big step forward; but it also took legislation on this side of the pond to force carriers to play nice with unlockings, there was no chance the market would self-correct.
Which takes me to the second point: the market alone often does not self-correct. This is why we have antitrust laws and authorities to enforce them. People lack the education to be able to reason about “voting with their wallet” in an effective way; and even when they do, they often don’t have the resources to follow through. This is why contract bundles are so popular, despite the fact that they make handset more expensive overall: people can’t do math, and when they do they still often lack the cash reserves to buy a handset in one go rather than paying small instalments for a long time. If a market fails, it’s legitimate for the law to step in; and one indication of failure is the level of discontent from consumers.
That’s an interesting metric for anti-competitive practice. Isn’t a large number of user complaints basically the core mechanism that drives market competition? Once you have enough users complaining about an aspect of a product (or otherwise being underserved), why would they not go to a competitor if one is allowed to exist (as they are in this situation)?