When you sell a product that eveyone wants, you can get away with "special parts".
The monopoly issue doesn't compute. Just don't buy the Honda, or the Toyota, or the "insert brand here" that requires special "insert fluid here".
Class action is needed. But, it must attack all the OEMs. Every manufacturer is doing it.
Fear, and the warranty-void crowd rumors, are turning consumers into weak peasants.
It is well known that these fluids have the friction modifiers, and maybe a better additive package since higher temp performance is better than the standard cheapo ATF. But, these OEM products are overrated. And, they are definitely not synthetics(compare prices/specs), or even on the level of the synthetics when it comes to performance.
And remember, lubegard isn't the only option. Runrite/smart blend/ and others also produce HFM additives.