Yes, and laws involve intent. A lot of laws "when you do a thing that has a result and you intend that result to happen, you're guilty of creating the result". It doesn't matter the thing you do. If you invent some new way of killing someone, and kill someone with it, you're guilty of murder even if the never heard of this particular way of killing someone, etc.

In Apple's case, the edict was to create competition by opening up the app stores. Apple "opened" its app store in a way that failed to actually allow competition and so it is subject to the fine. This is exactly why laws work this way - to prevent what is now called "gaming" the system.