Are they throttling with the fan off? Because I don't recall ever hearing the fan on my M3 Max 14" (granted no heavy deliberate computational beyond regular dev work).
AFAIK it’s only something that happens under sustained heavy load. The 14” Max should still outperform the Pro for shorter tasks but I’d reckon few people buy the most expensive machine for such use cases.
Personally I think that Apple should not even be selling the 14” Max when it has this defect.