It's a bad argument because if someone else makes a better product then they deserve to get more users. Nothing's stopping Apple from implementing those optimizations into Safari. That's the whole reason we have competition. If the government is going to make it so that improving your product makes you liable to lawsuits then no one would ever improve anything.
It's not the government dictating the lawsuits, I was referencing the deal between Apple and Google to have Google as the default search engine on Safari.
