According to Apple, which doesn't happen to be a court of law. See the anti-circumvention clauses in Article 13:
> 4. The gatekeeper shall not engage in any behaviour that undermines effective compliance with the obligations of Articles 5, 6 and 7 regardless of whether that behaviour is of a contractual, commercial or technical nature, or of any other nature, or consists in the use of behavioural techniques or interface design. [...]
> 6. The gatekeeper shall not [...] make the exercise of those rights or choices unduly difficult, including by offering choices to the end-user in a non-neutral manner, or by subverting end users’ or business users' autonomy, decision-making, or free choice via the structure, design, function or manner of operation of a user interface or a part thereof.
> 7. Where the gatekeeper circumvents or attempts to circumvent any of the obligations in Article 5, 6, or 7 in a manner described in paragraphs 4, 5 and 6 of this Article, the Commission may open proceedings pursuant to Article 20 and adopt an implementing act referred to in Article 8(2) in order to specify the measures that the gatekeeper is to implement.
Applying an unfair price structure might well be considered a contractual measure that undermines effective compliance, as it imposes an unfair burden on businesses and consumers. Notarization might also be considered "making the exercise of rights unduly difficult".
This is going to be a long process, and Apple starting it in an adversarial manner (as they did) is not going to help their case.
> 4. The gatekeeper shall not engage in any behaviour that undermines effective compliance with the obligations of Articles 5, 6 and 7 regardless of whether that behaviour is of a contractual, commercial or technical nature, or of any other nature, or consists in the use of behavioural techniques or interface design. [...]
> 6. The gatekeeper shall not [...] make the exercise of those rights or choices unduly difficult, including by offering choices to the end-user in a non-neutral manner, or by subverting end users’ or business users' autonomy, decision-making, or free choice via the structure, design, function or manner of operation of a user interface or a part thereof.
> 7. Where the gatekeeper circumvents or attempts to circumvent any of the obligations in Article 5, 6, or 7 in a manner described in paragraphs 4, 5 and 6 of this Article, the Commission may open proceedings pursuant to Article 20 and adopt an implementing act referred to in Article 8(2) in order to specify the measures that the gatekeeper is to implement.
Applying an unfair price structure might well be considered a contractual measure that undermines effective compliance, as it imposes an unfair burden on businesses and consumers. Notarization might also be considered "making the exercise of rights unduly difficult".
This is going to be a long process, and Apple starting it in an adversarial manner (as they did) is not going to help their case.