[dmbaggett]

Not sure why you're getting down-voted. For regulators, this will be the key question: is Apple disadvantaging third parties who produce software that competes with their own?

As someone who has lived through a protracted antitrust review (Google acquiring ITA Software, a company I co-founded), I can tell you that there are dozens of hard-working people at the DOJ and FTC ready to make their careers on taking Apple down should Apple give them the tools to do so. A "some animals are more equal than others" app store policy -- whether intended or unintended -- is definitely fodder for a juicy DOJ/FTC lawsuit.