IF they are ruled a monopoly, perhaps not. To my knowledge no judge has made this ruling so far. "Being sued or investigated" does not make one a criminal.
I see it like this: If a court is going to argue that 30% is unreasonable, then they or the lawmakers will have to set a number on what is, in fact, a reasonable commision on selling software through an app store or similar. This will not only affect Apple, it will affect every other app store as well. Once you have done that, the next step is to consider whether this decision should only affect software, or whether politicians should set a maximum profit on everything we buy.
A few years ago, I sold some hardware through a "50% rebate club", where the customers purchased the product directly from me, the rebate club only did commision. Zero handling, zero stock, zero post-sales responsibilities. Just handing over customers to me. Do you know what the commision fee was? 30%. I guess I should sue them for helping me make money ?