Sony and Microsoft sell their consoles at a loss for a large part of the consoles' lifetime. (There was even news recently that Microsoft is still losing money on the latest gen xboxes.) They do this because they can recoup that loss via the cut they get from games. Once that becomes not as certain, the calculus will change, and likely more towards breaking even on the hardware from the start. Is Apple selling their hardware at a loss?
And again, Sony and Microsoft just straight up provide more support to console devs than Apple does to app devs. A lot of those additional services are related to either publishing itself, or to online services for players. How much does it cost to get a human being on the line from Apple, that can actually do something to help solve your problem?
I also don't think that it would cause a landslide of games/gamers to move. E.g. The PC market is as free as they come, and Steam for all its flaws is the defacto game store.
Microsoft doesn't get to charge the 30% fee, but the games outside the store also don't get to use the XBox live network and the current developer support.
And again, while it's great that you get more help and support from Sony/Microsoft in exchange for the 30%, it doesn't change the fact that you're forced to pay it.
If we treat the two as separate problems, though with similar outcomes, we might be more successful finding a cure to both rather than a bandaid to either.
In the same way that while google allows side loading and competing app stores, essentially everyone uses the Play Store.
While I can see your concern, for that discussion to be had we’d need to first demonstrate that they should in fact be treated different. That isn’t a given.
The closest I find is article 41:
“The ability of end users to acquire content, subscriptions, features or other items outside the core platform services of the gatekeeper should not be undermined or restricted. In particular, a situation should be avoided whereby gatekeepers restrict end users from access to, and use of, such services via a software application running on their core platform service. For example, subscribers to online content purchased outside a software application, software application store or virtual assistant should not be prevented from accessing such online content on a software application on the core platform service of the gatekeeper simply because it was purchased outside such software application, software application store or virtual assistant.”
that may mean third party App Stores would be free from paying the gatekeeper for access to their platform, but I’m not sure about that.
30% is highway robbery and Apple is making off like a bandit. Epic, Spotify, and others all see this. Time to see the fruit company humbled.