That's the same argument you're accusing Apple is doing.
What does a console coming out every 6/7 years have anything to do with a App Store commissions? Does this mean Apple Vision Pro gets an exception? Apple TV? They don't come out every year. What authority said "if you come out with a device every year, then we have a problem with commissions?"
Except the Nintendo Switch 1 was profitable since day 1.
https://www.vg247.com/the-switch-wi...ninteno-confirms-plans-to-increase-production
And typically people don't upgrade their phones every year.
And typically people buy many expensive accessories with video game consoles (controllers are essential while an iPhone comes with everything you need to play games).
So that means Epic must fight Nintendo. So why aren't they?