Nah, that would just have opened the door for more lobbyism. Apple seems to have strongly worked against this law, seems like even the US ambassador was involved [0, about half way on the first page]. Looks like somebody hit a very sweet spot and an easy cash cow for Apple.
We need more open markets for processes like this. It's just fine that Apple has to open up.
[0]: https://www.heise.de/newsticker/meldung/Lex-Apple-Pay-Bundes...
I'm going to go out on a limb here and say the android alternative to apple pay has all the privacy costs of just using credit cards.
"The law became valid on 1 January 2008. Any communications data had to be retained for six months. On 2 March 2010, the Federal Constitutional Court of Germany ruled the law unconstitutional as a violation of the guarantee of the secrecy of correspondence.[41] On 16 October 2015, a second law for shorter, up to 10 weeks long, data retention excluding email communication was passed by parliament.[42][43][44] However, this act was ruled incompatible with German and European laws by an injunction of the Higher Administrative Court of North Rhine-Westphalia."
Or the planned road toll that is incompatible with EU law: https://www.bbc.com/news/world-europe-48674703