"...and there is no way you can buy anything from the app-maker except through Apple."
See, the preposition used only underscores my gut-feeling, at least for me. Apple is the conduit through which I shove my money down to the app-maker. It's app-maker I sense whom I am paying. Apple steals some of that cash on the way down, but I have no sense that I'm paying them.
At that abstract moment of transaction, I get the app and the developer gets my dough. That it's Apple's store, and they take their skim doesn't alter that perception. The Court will surely hear 'arguments' about this, and their judgement may well taken into account such arguments. And, experiences may differ. That's mine, maybe Apple will be unfortunate and nobody shares it.