I think you're misunderstanding the problem as this isn't about transaction selection. The issue is, should someone who is mining a more difficult block (say, 2x the normal difficulty) continue mining against an older block even after hearing about a 1x new block? To a naïve first-order approximation, they stand to benefit from doing so because a 2x block would beat out the 1x block and the would be able to steal the fees of the transactions in the 1x block. Of course there are a lot of assumptions wrapped up in that naïve assessment, nor is it clear that it is a reflectively stable outcome (if the 1x miners knew you would do this, how would that change their strategy? how would that change of strategy affect the profitability of this attack? etc.)