It depends on how the law was written but Apple did not ban Epic for "violating TOS", they banned Epic for allowing third party payment. The fact that this for

It depends on how the law was written but Apple did not ban Epic for "violating TOS", they banned Epic for allowing third party payment. The fact that this form of ban happened to be written in some TOS document is not relevant, you can't use the term "TOS" to shut down the specific analysis of what happened. If the law does not permit banning an app for allowing third party processing then I would expect Epic to have a good case.