Maybe, maybe not.
Frankly I don’t even know if this clause can be enforced in Europa. I wanted to point out that we shouldn’t rely on the customer protection laws of each country to address that: this clause shouldn’t exist in the first place.
But to be frank, it most likely doesn’t come from Valve and rather from the games company themselves.
I have read your link but they didn’t say the EGS is at loss specifically because of the 12% cut nor that the Fortnite money is subsidizing the lower cut.
It could be that the EGS is at loss because creating a new store and client from scratch costs money ?
To be honest here, we don’t have the numbers to say exactly how much margin Valve is making. But my guess is the following: if EGS estimated that with a 12% cut they could be profitable if they had enough customers, it makes me think that the cut of valve is way overinflated in regards to their costs.
And yes Fortnite is awfully predatory. But the topic is Valve and Steam there 🙂