But surely that position would only apply if Apple hadn't removed the game from the app store? If myself as an indie dev breaches the TOS and my app store account is suspended, surely Apple can't sue me for lost revenue because they opted to suspend my account? Imagine the precedent that would set: Apple could sue you for lost income if you break the store TOS causing your app to be removed.
I think Apple would have had much more of an argument for lost revenue if they had kept the game on the store. It would be directly quantifiable, they could say "look, the game made x million and we received $0, we should have received $y".
Oh, I see where you're coming from. No, the way that Epic have been suspended is such that they can't put out any more updates, but people who already have the game installed still have it, the game doesn't get deleted from your phone, so people are still using it and still buying stuff direct from Epic.
I think Apple would have had much more of an argument for lost revenue if they had kept the game on the store. It would be directly quantifiable, they could say "look, the game made x million and we received $0, we should have received $y".