[heisenbit]

If one stretches ones leverage to the point where it is considered by authorities as excessive and is forced to make concessions one is not in the position to attack those who attacked ones monopolistic behavior. The technical term is is "sitting in a glass house" and while one figures out the layout of the panels one is advised to refrain from throwing rocks.

The way I see it Apple is lumping past behavior and current behavior of Epic together to make an exclusion decision. But there was a big change between the past and now so the market situation has changed and access to this changed market should not overly depend on information from a very different world otherwise it can be considered at best arbitrary or an attempt to exclude competitors with irrelevant facts. The latter could get expensive.