Apple just can’t get rid of its shady antitrust compliance monitor.
After making another appeal to the 2nd U.S. Circuit Court of Appeals in New York to disqualify Michael Bromwich as its monitor, Apple was rejected by the federal court this morning, even though the judge said Apple’s allegations against Bromwich ‘give pause.’
Ever have that situation at school where a teacher who doesn’t seem to like you gives you a bizarrely good end-of-year grade?
That seems to be the case with Apple’s court-appointed monitor Michael Bromwich, who describes the company as being off to a “promising start” with its antitrust compliance program, after being last year found liable for conspiring to raise e-book prices.
Both Bromwich and Apple ended up filing legal complaints about the other, although those complaints appear to have now simmered down.
In a new 77-page report filed in U.S. District Court in New York, Bromwich describes his relationship with Apple as “significantly improved” compared to where it was back in February, when Apple lawyers were trying to remove Bromwich from the case.
Apple has filed an appeal related to last year’s verdict stating that the company violated U.S. antitrust laws by conspiring with publishers to fix e-book prices.
The appeal — which was filed Tuesday with the Second U.S. Circuit Court of Appeals in New York — calls U.S. District Court Judge Denise Cote’s ruling “a radical departure from modern antitrust law and policy,” and argues that it will “stifle innovation, chill competition, and harm consumers” if it is followed.
Apple has lost its latest bid to put court-appointed antitrust monitor Michael Bromwich on hold, with a federal appeals court rejecting Apple’s claim that the monitor’s work was causing irreparable harm.
In a brief order, the 2nd U.S. Circuit Court of Appeals in New York said that Bromwich (the former U.S. attorney and Justice Department inspector general given the job of ensuring antitrust compliance regarding e-book price fixing) may continue to examine Apple’s antitrust compliance policies, while Apple pursues a broader appeal seeking to remove him altogether.
When your working relationship begins with the company you’re working with making an official complaint about your “unprecedented” bill, you know things are off to a rocky start.
Cult of Mac reported back in late November about Apple’s dealings with court-appointed monitor Michael Bromwich: the former U.S. attorney and Justice Department inspector general given the job of ensuring Apple’s antitrust compliance regarding e-book price fixing.