Perhaps Epic realised that passive approach to bring attention towards Apple's tax like Spotify isn't working and so decided to approach it legally. Then again, it's hard to believe that they thought they had a chance to get a verdict in their favour.
But I don't think the attention they are trying to invoke is that of consumer, if anything it's impossible to invoke a consumer sentiment against Apple which is a aspirational buy for many and even religious investment to some. Epic seems to be targeting other app developers and so far doing a very bad job at it.
IMO, It should have worked with Facebook silently even though it has more to loose with iOS 14's privacy settings than 30% cut[1] to get Facebook, instagram, WhatsApp banned on Appstore if necessary instead of depending upon a game played by children and adults who make money from children watching them play. Just ban WhatsApp in India and see what happens.
But if Apple decides to charge tax for advertisements as well, then it could blow back for everyone who has advertising as business model. I wonder what consumers who buy for Apple's Privacy think about Apple essentially subsidising large advertising business, where as a one man developer has to pay 30% cut.