Josh Kosman, of The New York Post reported today that Apple may face an antitrust suit soon over their implementation of the new section 3.3.1. in the iPhone Developer Program License Agreement.  In short, the section that keeps Adobe’s Flash and other cross platforms from being run on the iPhone and iPad.

According to a person familiar with the matter, the Department of Justice and Federal Trade Commission are locked in negotiations over which of the watchdogs will begin an antitrust inquiry into Apple’s new policy of requiring software developers who devise applications for devices such as the iPhone and iPad to use only Apple’s programming tools.

Regulators, this person said, are days away from making a decision about which agency will launch the inquiry. It will focus on whether the policy, which took effect last month, kills competition by forcing programmers to choose between developing apps that can run only on Apple gizmos or come up with apps that are platform neutral, and can be used on a variety of operating systems, such as those from rivals Google, Microsoft and Research In Motion.

Read that last sentence again. I keep reading it trying to figure out how an antitrust suit would have any merit at all.  How does it kill competition?

In forcing computer programmers to choose developing an Apple-exclusive app over one that can be used on Apple and rival devices simultaneously, critics say Apple is hampering competition since the expense involved in creating an app will lead developers with limited budgets to focus on one format, not two.

Ohhh, Apple is making it expensive to create an app.  WHAT?!  

First, the statement that it is expensive to create an app is false.  There’s no overhead other than a computer, the electricity to run/charge the battery and the fee for the SDK.

Second, how many gaming platforms require developers to code specifically for their platform? Microsoft Xbox, Sony Playstation, Nintendo Wii, etc.  It doesn’t kill competition to require that developers code specifically for one format.  It actually would spur on competition.  Hence, companies such as Google developing a platform that does allow use of cross platforms. You don’t have to buy an iPhone or iPad and there is surely a market to develop apps for other smart phones.

There won’t be an antitrust suit, and if there is one filed, it’ll get dismissed.