You are out of 50% of the digital business mobile market if you refuse the the terms of the Policy. Furthermore, if you agree than the money you have payed is than used by the Conglomerate to compete with you (Apple Arcade, Apple Music, TV+ ...). This is typical of a vertically integrated conglomerate with a large market share in one of their businesses. They can easily force a business hand to use another of their services regardless if you agree with the terms or not. That is unfair competition
I believe that the clean for Apple to get out this situation is to start discussing with the digital market a fair game policy, rather than dictating it. Apple is a great company, did amazing things to be were they are, to get to their power position is extremely, I mean extremely difficult to achieve. But as I sometimes say, just because you earned the right to carry a gun and it’s yours it does not mean that you are allowed to use it anyway you please to target others, even in self defense ...
Case in case, the latest retaliation by Apple was stopped by the law. Just notice that in the latest trial the one that was stopped was Apple. Epic, simply was told, for now if you want to stay in, you need to follow Apple policy! Apple was told, you need to keep the devs account for the other businesses even if they decide not to follow the App Store policy and remain out!
Apple retaliation was abusive and monopolistic. They were using other extraneous means to force Epic not only to remain in the App Store but also to comply with the Policy. THIS IS HUGE! and will form evidence for later trials.