Ohhhh, after a thinking session I may understand what you meant by that.
You mean a situation, where miner intentionally orphans all blocks with difficulty = D, so that he ends up mining only InfrastructureBlocks?
Well in this case, he cannot include any normal transactions in it, because, as described in the whitepaper, for transaction to be included in InnerBlock, the transaction has to have a specially crafted output that can be only spent as a miner fee in InfraBlocks.

So such a miner would be unable to collect the transaction with “normal”, cheaper BCH fees. Basically, something like this could only work if people suddenly completely stopped doing normal transactions and only used Fast Finality Transactions.
But people are incentivized against such an action, because :
- The FF Transactions are(by default) 2 times more expensive than normal transactions.
- People who use 0-conf have no need for fast finality TXes. 0-conf is superior, it’s instant (under 2 seconds in australia and 3-4 seconds in philipines: as seen on adoption videos)
EDIT: Another thing is that, the definition of “longest chain” (consensus) only depends on standard blocks.
So if other miners just mine a standard block and attach it to ANY InfraBlock, it’s considered the longest chain by consensus rules. Total length of the inner chain is completely irrelevant.
Thus, the evil plan of the miner to only mine InfraBlocks and skip Normal Blocks, is foiled.
As per whitepaper: