Apple loses appeal to dismiss antitrust monitor, again


Apple can't ditch its ebook compliance monitor.
Apple can't ditch its ebook compliance monitor.
Photo: Apple

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.’

Bromwich was appointed as Apple’s antitrust compliance monitor back in 2013 after the company was found liable for conspiring with publishers to raise the price of e-books. The iPhone-maker has been trying to ditch Bromwich ever since he was appointed, due to a series of suspicious incidents, including Bromwich’s improper collaboration with the plaintiffs.

Circuit Judge Dennis Jacobs ruled that “we cannot say that the district court abused its discretion” in finding that this did not require Bromwich’s disqualification.

Bromwich — whose fees for Apple now approach $3 million — first came under fire in 2013 for charging $138,432 for his first two weeks of work. Apple has also accused him of being too aggressive in examining its business practices, demanding interviews with top executives that have nothing to do with e-books, and charging Apple to read relevant newspaper articles about the company.

Apple tried to have Bromwich removed in 2014 but was met with the same result. Judge Jacobs noted that Bromwich’s work with the plaintiffs in opposing a court motion filed by Apple and submitting an affidavit was questionable, but not enough to dimiss the lawyer who has over 20 years of oversight work under his belt.

Source: Reuters


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