Yes, they go around that because they are considered a “three-party scheme” https://politics.stackexchange.com/questions/48519/why-are-amex-fees-allowed-in-the

Yes, they go around that because they are considered a “three-party scheme” https://politics.stackexchange.com/questions/48519/why-are-amex-fees-allowed-in-the-european-union https://politics.stackexchange.com/questions/48519/why-are-a... High fees are what Apple uses to offer such “great benefits” with their existing card. If they want to expand to Europe, the only cards enabling that would be Amex, or Diners (which is even less accepted I think).