Yes, they absolutely must fix it. Though coming from Apple it wouldn't surprise me if they drag their feet, or if they already knew and did nothing. All they care about is their 30% app store cut and making sure developers 1) have to buy a Mac to develop for the App store 2) have to write Objective-C, so that significant resources have to be deployed to write native apps for other platforms
Apple has been exhibiting a lot of anti-trust behavior lately. Here are three more examples that come to mind...
1: iOS magazine subscriptions must be done through Apple: http://online.wsj.com/article/SB1000142405274870440900457614...
2: Google restricts non-independent ad networks in iOS apps: http://mediamemo.allthingsd.com/20100608/apple-makes-good-on...
3: As everybody knows, Flash is banned from iOS devices: http://www.nypost.com/p/news/business/an_antitrust_app_buvCW...
I'm surprised that Apple isn't more worried about antitrust actions being taken against it.