Earlier quoted context omitted.
It uses BLE (I believe), and data upload can be combined with other requests on the iPhone's next cellular connection request. CPU use is going to be extremely minimal. BLE power usage for a low data rate transmission is very, very low. I don't really see any realistic density of AirTags that would have any measurable impact on energy use of nearby iPhones.
This is probably wrong: I guess they can just rate-limit the program that runs in the iPhone, but that still (to me, very naively) would allow a DoS that prevented genuine tags from access. As mentioned in the OP to know if the tag is genuine a device needs to go to the trouble of receiving the traffic in case it's real, then decrypting (search "ECIES encryption" in OP): so you'd be wasting quite a bit of processing…
The attack you propose is no more powerful, so probably not worth protecting against.