that would be illegal for apple to do.
While the statement itself may be true, it cannot be used to disprove the allegations. The illegality of something does not preclude a person or group from committing the act. Otherwise, criminals would not exist.
There is a Netflix documentary about the company Herbalife. In the customer reviews, many people called the company a pyramid scheme. One person defending Herbalife basically kept arguing "They are not a pyramid scheme because pyramid schemes are illegal".