If Chrome comes bundled, as AFAIK it currently does, it should be considered part of the product being bought and subject to the same rules, as shown in the ads and as the consumer clearly does.

I disagree with the EU's decision to force MS to have that browser selection dialog, but that doesn't mean bundling should be consider a "gift" by the manufacturer. A browser is an expected part of a current smartphone OS, and as such they should be responsible for the one they include.