theluggage
macrumors G3
Nope. Apple can conduct its business (and as long as they are not in violation of laws that were in effect at the time) and if consumers don’t like them, the product etc, let them use their agency.
About that illusory "agency" that you suppose consumers can "use":..
The only real choice is iPhone, Android or two tin cans and a piece of string. The latter is cheap and eco-friendly but won't run online banking apps, run the 2FA authenticator you need for work or pay for your parking when the coin-op machine is broken. The multitude of manufacturers, sizes, shapes and prices of Android phones to choose from is irrelevant because the relevant "products" here are the Google Play Store vs. the Apple App Store - and to switch between those you need to change phones and learn a new OS.
Even on Android, sideloading is too complicated to offer any real competition to the official store and (as per my earlier post) it's about to get so onerous that it will only be useful to a tiny niche of "power users".
These rules are not about consumer choice of phone hardware - they're about fair competition between all of the third party businesses and organisations that now do business via mobile phone apps and services - for which Apple and Google have become effective gatekeepers. The rules have been imposed because the reality is that consumers *don't* have the agency to ensure a functioning free market.