If Apple can profitably provide AI services without breaking privacy laws but their competitors can't Apple wins.
Apple Intelligence requires deep access to user data, systems apps, etc to make it useful.
Under the DMA, Apple would be required to also offer similar functionality to competitors (e.g. Google).
No sane person actually thinks Apple isn’t private enough for EU standards, they’re just not being allowed to compete because they aren’t allowing anyone else access to local user context, which would be a privacy nightmare if done incorrectly.
Apple Intelligence is a set of features for a platform (iOS) which the EU has determined to be a Gatekeeper platform which comes with special restrictions and oversight.
There's a regulatory difference between that and just releasing an LLM accessible via the web or an app download.