I think the issue here is the overloaded use of the term "structuring."
If I think I might be doing something that antitrust regulators won't like, so I hire a lawyer to tell me what I can do, and they tell me "you can buy up to 49.9% of this company," and I buy 49.9% of the company, that's fine. It's neither illegal nor unethical. It's also not "structuring" in the technical, financial sense, but a layman might say "you structured the deal to avoid falling afoul of regulation," even though it's the wrong use of the word. I think that's what's happening in this conversation (I have no idea about what MSFT actually did or didn't do, just the direction the conversation here is going).
If I think I might be doing something that antitrust regulators won't like, so I hire a lawyer to tell me what I can do, and they tell me "you can buy up to 49.9% of this company," and I buy 49.9% of the company, that's fine. It's neither illegal nor unethical. It's also not "structuring" in the technical, financial sense, but a layman might say "you structured the deal to avoid falling afoul of regulation," even though it's the wrong use of the word. I think that's what's happening in this conversation (I have no idea about what MSFT actually did or didn't do, just the direction the conversation here is going).