As highlighted at the very start of the article, the NBA regulated the industry by ensuring a fair marketplace and ensuring no one business could corner the industry and force everyone else out. Some would call this a cartel, and our competition laws generally frown on it, but it did ensure businesses could largely compete.
Now we have the very thing the NBA originally prevented - one massive player flexing its influencene and money, forcing the rest of the industry to comply with its rules, controlling the market, and ultimately forcing the little guy out of business while also increasing the cost to the consumer.
So to suggest that Apple is working to make life fairer for the consumer is blinkered at best. Apple is using its might and money in an attempt to force other players out of the market - of course it should be sued.