I think people don't know that Microsoft also has a Crowdstrike Falcon competitor that isn't too bad at all. While it would be funny to call out the hypocrisy in the tech world, I think the DoJ would indeed sue Microsoft unless it extracted it's own EDR and had it use the same API's it is asking other companies to use. Furthermore, there is something called the anti-malware scanner interface (AMSI) which Falcon and other EDRs indeed use and there is an ETW api that allows them to do additional monitoring as well. But that just isn't enough to counter many real world threats. In effect, the EDR must be like a rootkit to get complete system visibility and be able to stop any and all threats, kernel or userspace. Also, a user space process can prevent booting or freeze systems up.