This is quite incorrect. Epic can already demonstrate financial harm due to the 30% fee that Apple has been collecting. They did not also need to break the agre

This is quite incorrect. Epic can already demonstrate financial harm due to the 30% fee that Apple has been collecting. They did not also need to break the agreement in order to bring the lawsuit. The judge literally recommended they cure the breach and put Fortnite back on the App Store while the lawsuit was pending.