If he really believes that is the intent, now is the time to sue them, claiming they are abusing their monopoly position. That is the heart of his claim.
Yes, most likely he will lose the lawsuit - now.
But in doing so, he will force Microsoft to make an argument about how what they are doing 'now' is not abusive. This will limit their possible actions in the future, as they won't be able to stop doing that without incriminating themselves.