21/01/2008 (Agence Europe) - The commissioner for consumer protection policy has said that deals linking the sale of iPhone to telecommunication contracts could be unfair and hence invalid. In his response to Belgian MEP Said El Khadraoui (Socialist) on 16 January, Commissioner Meglena Kuneva admitted that contractual terms proposed to those buying the new telephone from the American manufacturer, Apple, could be in breach of Directive 93/13/EEC of 5 April 1993 on unfair terms. Where appropriate, national jurisdictions may authorise “unlocking” of iPhones by clients to allow them to use other networks, even if this is banned in the purchase contract. On the other hand, the commissioner stressed that the Commission does not have authority regarding Directive 2005/29/EC on unfair practices. She also pointed out that, as Apple is not dominant on the telephone market, Articles 81 and 82 on anti-competitive behaviour should not have been applied. (C.D.)