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The question is if Apple think maintaining their monopoly is worth more than 'up-to' 10%.

I guess 10% would be reserved for absolute refusal of compliance and malicious compliance might attract a smaller fine?

EU legislation generally sets a maximum, but then you also have to prove proportionality to determine the actual amount (damage done + fine). Any such amount will certainly get challenged in the courts, so the Commission will get its ducks in a row before actually settling on a number.

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