The EU says that Apple's cunning plan to remove competition by patent trollage is almost as bad as Samsung's defence.

EU antitrust chief, Joaquin Almunia has requested details on the companies' patents earlier this month to determine if they're being used to compete by unfairly preventing others from using standard technology. "Standardization and IP rights are two instruments that, in this new IT sector, can be used as a tool to abuse," Almunia said.

But the chief made it clear that Apple and Samsung present only one case where IP rights can restrict competition. While the Commission hasn't yet done anything more than request information, eliciting that sort of statement from its antitrust chief will make Apple and Samsung shiver a bit.

Apple should be particularly worried. Steve Jobs publicly said that he wanted to declare “thermonuclear war” on Google for creating Android and spoiling his iPhone party. Any EU anti-trust action might see Samsung as having to act defensively against Apple agression.