Windows does have the ability to have sovereign builds (and has had this since 2016?), but the capability wasn't present when the decision was made (in 2006). Windows build is complex and tightly coupled with performance testing, telemetry collection, etc and at the time this decision was made, not feasible to do.
Reversing a change from 2006 would likely bring anti-trust action from the remainder of the world immediately, as that change from 2006 is relied on by everyone else globally today.
The EUs stance isn't bad either, as MS has a competitor in this space that also relies on a kernel driver (MDATP does use a kernel driver) and it is unlikely MS would remove its own competitor from the kernel (at least this item was not discussed during my time at MS and I was in the security space of Windows).
Reversing a change from 2006 would likely bring anti-trust action from the remainder of the world immediately, as that change from 2006 is relied on by everyone else globally today.
The EUs stance isn't bad either, as MS has a competitor in this space that also relies on a kernel driver (MDATP does use a kernel driver) and it is unlikely MS would remove its own competitor from the kernel (at least this item was not discussed during my time at MS and I was in the security space of Windows).