How do you prove it if the performance difference is noticeable but small?

And I don't think any of the big companies is afraid of yet another fine.

> And I don't think any of the big companies is afraid of yet another fine.

Which is why after being found noncompliant a third time, the new law gives the power to the EU Commission to impose structural changes to the company. Or they can stop operating in the EU.

You send a court order to Apple to give up all their internal communications, and you use their own internal statements against them.

Is it possible to sneakily get around the law? Maybe.

But it isn't possible to do that, with thousands of people working on it? No, one of them will talk.

Surely the tests that reviewers do every time a new phone comes to market would be sufficient to demonstrate noticeable-but-small?

That could just be written off as "third party developers just aren't as good as Apple's".

They had to pay a fine in France because of throttling their devices with older batteries. Maybe they'll try again, but I'm sure it'll be proven eventually.