I don't think it's as black and white as you suggest.
He just wrote about Japan's implementation of a similar set of laws rather favourably - the theme is that Japan's implementation looks very much like a genuine attempt at protecting users and benefitting end users and developers.
While I don't agree with what a lot of what Gruber has to say. A point I do agree with is that the DMA is being sold (by Margrethe Vestager, Thierry Breton and Ursula von der Leyer) as a set of consumer protections, when it's plainly not that, and in some clear ways does the opposite.
There's also persistent transparency questions like why the EU has excessive meetings with Spotify, or why there is not a "music" gatekeeper in the DMA, or the requirement to easily move music libraries between music services - things that would actually help consumers and prevent genuine lock in.
(Note this isn't to excuse the behaviour of big tech.)
I just read the post about Japan.
The only example he gave where the MSCA is better than the DMA is:
> E.g. apps distributed outside the App Store in Japan still require age ratings. There’s no such requirement in the EU.
Most of his description of what Japan does better is simply “mutual respect”. Which reinforces the idea that this isn’t about the actual practical differences but about ego. Apple hates how the EU forces them to make change.
And Apple has done this before. After the EU forced them to make a change, which emboldened other nations to push similar changes, Apple points to those other nations’s obviously more streamlined law making process (given that the EU has already gone through the hard work of drafting the law, working with a non-cooperative Apple, and then actually seeing it implemented and the practical issues that arise), to justify their hostility to the EU’s trend setting efforts, without which those other nations would almost certainly have not proceeded.
I bet if Japan’s MSCA had come before the DMA, Apple’s tone towards both those governments would have been reversed.