I don’t know. You could just as well say, “A 3% merchant fee can easily be [… ruinous to a bunch of companies]”, and I’d be talking about Stripe, a Y Combinator company. In Europe they manage to cap interchange fees at 10x less, and there’s no less “payments innovation” or more “fraud” or whatever some nice red headed LISP brothers or some insightful patio furniture guy will say is eating into the 3% merchant fees.

People struggle with this: Stripe and Apple do the same thing wrt to the fees. They get all into a knot trying to explain how 3% of all revenue, successfully capped at 0.3% in Europe, is somehow different than Apple taking 30% of App Store IAP. We already live in the world where nice, red headed LISP brothers and insightful patio furniture guy is wrong. You don’t even need to talk about it or file a brief.

The reason the Epic case is tough is because the fee doesn’t matter. Like what is the right fee? Say a number. Clearly it doesn’t make sense to take a fee at all! Apple is doing something valuable - they are concentrating wealthy, good customers who overwhelming choose iPhones instead of Android phones - and instead of making iPhones more expensive they take from app developers. But if you did the sensible thing - force the platforms to charge the cut they are taking from the end user up front, when they buy the phone - nobody is going to do that.

It’s exactly the same problem as Europe saying Facebook has to be ads free. Nobody chose to pay for a Facebook subscription. The truth is the regulators are in between a rock and a hard place if they try to make changes to one number in the midst of the status quo. In the past, regulators took more drastic steps, they split up the monopolies, and once you understand how weak these regulations that people are litigating are, suddenly you will be much more sympathetic to the idea that the App Store and the iPhone have to be different businesses, or that private digital payments companies shouldn’t exist at all.