The EU does not seem to share that opinion, and puts some restrictions on these types of 'contracts'. Are you really concerned that this is somehow unfair towards these companies? Companies that retain whole teams of lawyers to create a contract that hardly any of its billion counter parties (individual consumers) can fully comprehend, let alone push back on?
This is also about software that is being updated. So the transaction is not completed yet. Apple could probably go the route of not providing the update to phones that were sold before the law was voted on/in place. I would guess that would lead to other legal battles.
Also the DMA didn't fall from the sky one day and enforced the next. Every business impacted had years to do something about it, and they preferred to play chicken race instead.
They DO have the power to STOP it, they just cannot punish past behaviour which was legal at the time! At least in USA, this is directly in the constitution:
Article 1 § 9 prohibits Congress from passing any laws which apply ex post facto.
Article 1 § 10 prohibits the states from passing any laws which apply ex post facto.
SCOTUS also clarified this in Beazell v. Ohio:
"It is settled, by decisions of this Court so well known that their citation may be dispensed with, that any statute which punishes as a crime an act previously committed, which was innocent when done, which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with crime of any defense available according to law at the time when the act was committed, is prohibited as ex post facto."
Now, I know that this is EU and not USA, but my argument is that EU is the ones being unreasonable here. It is illogical to make something illegal and then punish those who had done it before it was made so.
Otoh, if I pay you today for a hamburger on Tuesday, and on Monday hamburgers are outlawed, you can't perform your part of the contract, and we'll need to figure things out.
The rules can change, and when the rules change, continuing service may need to change (depending on how the rules were written); I'm sure part of the contracts involved also describe a) how to make changes in the services, b) what happens when parts of the contract are discovered to be unenforcable or illegal.
Many of the policies in question are intentionally not publicized to end-users, often requiring first paying to be part of the developer program before you can even see what you need to agree to to publish an app.
> intentionally not publicized to end-users
Apple allows no-questions-asked full-refund returns for two weeks. > requiring first paying to be part of the developer program
They are all available right here, online, without any purchase requirement: https://developer.apple.com/support/terms/That's the bare legal minimum in the EU. Many anti-competitive practices are not things consumers find out about within some short fixed period of time, if at all, and others are not solved by a refund even when the customer is aware of the issue.
> They are all available right here, online, without any purchase requirement: https://developer.apple.com/support/terms/
True that it does now all (including schedules 2/3 and the guidelines) appear to be publicly available. Looks as if this was done on June 7th 2021, shortly after the EU Commission had sent the Statement of Objections on April 30th 2021.
This doesn't respond to what you quoted.