My guess is that they saw that all happening but Epic provided them a letter saying they double pinky promised, cross their hearts, will obey by the rules this time, which Apple will later try to use in court later on. Otherwise it doesn’t seem worth the risk prompting clearly foreseeable regulator action.
After all, legal advice can usually be summed up as “if you do anything, someone can fuck you”, and do nothing isn’t a good business strategy.
Apple banned Epic the day before DMA came into effect when doing this sort of thing was still legal, they 100% saw this. They did probably bet on the chance EU would overlook it if they did it before the law came into effect, they lost that bet but they thought it was worth a try.
There was a grace period for compliance for companies found in violation, because that determination was made after it came into force, not before.
You can't find a company to violate a regulation that's not in force, and it's reasonable to give a company in violation of complex piece of law (that's never been tested) some period to comply.
But that doesn't mean the law is not already in force.
Legal doesn't make decisions like this. That's not what they are paid to do.
Legal advises the executives of the consequences of decisions like this.
And if there's one thing that you should expect from people in positions of incredible power (executives), it's that they often believe that they are immune to the consequences of their decisions.
Most of the time they are right. Sometimes, they are not.