2) The case is on appeal to the Supreme Court.

3) Apple paid out a settlement in another monopolist case: https://smallappdeveloperassistance.com/

The behavior is plainly monopolistic and anticompetitive on its face. That it does not suffer judgement as violating any laws about such conduct is a sad reflection of our government corruption and unwillingness to regulate the corporations that provide most political funding.

That does not appear to be anything like affirming that they are not a monopoly. One can be a monopoly without being guilty of anticompetitive monopolistic behavior. Likewise, Epic failing to make their narrow case is not a statement of absolute fact about Apple's market or industry position; it is a statement that Epic's specific argument was not valid or sufficient to confirm their claims.