Pending EU Law Could Force Apple to Allow Flash, Rivals to Sync With iTunes

From DailyTech: he European Union's European Commission, under the guidance of commissioner Neelie Kroes, has had no qualms with slamming U.S firms with massive antitrust fines. Now it's preparing a massive new initiative which just may have a major effect on some U.S. firms.

The new measure, called the Digital Agenda, raises many points, but one of the most significant is to redefine what companies can be subject to scrutiny over abuse of their market position. The Agenda looks to change the necessary language from "dominant" to "significant". Its text, found here, includes the passage:

"Since not all pervasive technologies are based on standards the benefits of interoperability risk being lost in such areas. The Commission will examine the feasibility of measures that could lead significant market players to license interoperability information while at the same time promoting innovation and competition."

This proclamation may affect a number of key players in the tech industry by forcing them to open their gates or face massive fines.

Perhaps the biggest example is Apple, Inc. Apple is being probed by U.S. government antitrust investigators over its decision to ban Flash from its iPad and iPhone. The problem is that Apple can easily argue that it does not have a "dominant" position to abuse when it comes to the iPhone. And even the iPad, the new clear leader in the tablet industry could stake make similar claims -- after all the term "dominance" is loosely defined.

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