The fact apple has the option to accept or deny a third party store means they get to decide what third party stores are allowed on their device. The spirit of the law that the EU punished them for would say that apple should not have any say in what the users install on their devices, similar to how Aptoide, f-droid, and other third party app stores exist on android without requiring Google’s approval. Apple is just doing all they can to comply to the smallest legal degree they can to make as much money as possible from the waiting period between EU wristslaps.