De facto, if Oracle/Sun refuses to TCK any independent implementation of Java SE, while tolerating their implementation under open source license, then there is

De facto, if Oracle/Sun refuses to TCK any independent implementation of Java SE, while tolerating their implementation under open source license, then there is ground for anti-trust action. The argument being that 3rd parties have no means to validate their implementation. Hence, there is no practical way to implement Java SE independently. Considering the dominant position of Oracle/Sun, we can't exclude the possibility that the European Commission will start a new anti-trust investigation against Oracle/Sun.