If they open their own app store, they can do whatever they want.

This all comes down to Adobe's actions and the hornet's nest they disturbed because Apple didn't want to ship flash on the iPhone. While Apple are being pretty heavy handed and inconsistent with regards to app approval and the like, this whole bruhaha over Flash and automatic app makers is 100% due to Adobe's childish and unprofessional actions. They've been hurting their customers for years and seem to have no plans to stop doing so.