Apple Seeking Removal Of Antitrust Compliance Monitor


Apple is seeking the removal of Michael Bromwich, the court-appointed lawyer tasked with ensuring that Apple complies with e-book price fixing antitrust rulings.

An attorney for Apple asked U.S. District Judge Denise Cote on Tuesday to disqualify Bromwich on the grounds that he has shown a personal bias against the company.

Apple’s relationship with Bromwich has been turbulent from the very start, with the company objecting to the “unprecedented” legal bill of $138,432 which Bromwich invoiced for his team’s first two weeks of work. Not only were these fees expensive, Apple argued — they also gave Bromwich incentive to run “as broad and intrusive investigation as possible.”

Last week Bromwich then filed a legal complaint against Apple: claiming that he had been largely cut off from accessing top Apple executives, and that he was experiencing extreme delays when it comes to receiving requested information.

β€œIn my 20 years of doing oversight work, I have never before had the entity over which I was exercising oversight unilaterally dictate who could be interviewed, even in those instances in which I have dealt with very sensitive matter, including highly classified matters of national security,” Bromwich wrote in the filing.

In Apple’s Tuesday letter to Judge Cote this complaint is described as a “wholly inappropriate declaration” and evidence of personal bias against Apple.

The case is listed as U.S. v Apple Inc et al, U.S. District Court, Southern District of New York, 12-2826.

About the author

Luke DormehlLuke Dormehl is a UK-based journalist and author, with a background working in documentary film for Channel 4 and the BBC. He is the author of The Formula: How Algorithms Solve All Our Problems, And Create More and The Apple Revolution, both published by Penguin/Random House. His tech writing has also appeared in Wired, Fast Company, Techmeme, and other publications. He'd like you a lot if you followed him on Twitter.

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