A better analogy would be that the EU crafted laws forcing Honda to accept Toyota parts in all its vehicles because Honda has an “alleged” monopoly on the distribution of the accord.It seems pretty clear based on the EU legislation. If someone is going 90 mph in a 55 mph zone, they are still speeding regardless of whether they were caught, ticketed, etc. Apple is "speeding" here.
However, if you want to use "alleged" for now that's fine too. This discussion has been a mix of broader generalities, narrower specifics, etc. anyway. It's possible that Apple may end up complying or pulling business out of the EU before this legislation goes into effect and therefore won't be in violation at that point.
And sure apples response is unknown at this point.