It may not just be for a lawsuit. They may provide fuel for a change of law, as Congress bumbles through an attempt at anti-trust enforcement, maybe they can become a test case for lawmakers looking for loss of competition and consumer choice. (Although existing lobbying dollars from Google, Apple, Facebook, & company may be effective in holding back representatives. Money in hand, in election season no less.)
Epic Games can show just how much the on-going appstore tax prevent new business models from taking hold. They shown an incredible ability to entice people to separate from their money, even convinced Disney?! to partner for branded content.
Alongside Epic Games licensing of the Unreal Engine at-or-below cost (12% ), I believe Sweeney's commitment to growing a "Metaverse" market at the expense of Epic's short-term profit.
This comes alongside EPIC(.org)'s comparisons about American vs Chinese & emerging markets competitiveness, linked today .