If they could get a special deal, they probably wouldn't have standing to take the case to trial, so they literally couldn't take it to trial.

I suspect they would still want to. My personal suspicion about the motivation behind this case is that it's not really about Epic Game's profit, but Tencent's. Tencent owns 40% of Epic Games, and owns a lot of companies who stand to make a lot more money if Apple's forced to open up the app store.