I actually feel misled by Hey’s comments pointing out that Netflix, etc. require a subscription to make the app useful. It wasn’t until I little additional digging revealed that the main difference you can order it straight away, and Apple still charges them the 30% fee. To get around this, Netflix charges for in-app or you can order cheaper directly from their site. I don’t believe Apple’s store T&C’s indicate Netflix is violating anything through this model.
Really this is about how much is too much for Apple’s fee structure. I suspect regulators may try to force Apple to allow other App Stores (like Android) but then the usual problems will surface re: security, etc.