Legal News

Apple Loses Bid to Block Antitrust Monitor
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

The 2nd U.S. Circuit Court of Appeals has denied Apple’s latest bid to block the e-books antitrust monitor, but clarified the limitations on the powers of the monitor Michael Bromwich. The court said that Bromwich may continue to examine Apple’s antitrust compliance policies while the company keeps pursuing an appeal to remove the monitor.

However, the court also clarified that Bromwich may not actively investigate whether Apple employees are complying with antitrust laws or not, but bring violations to the notice of the district court, if he chances upon any.

  
What
Where


Gina Talamona, a Department of Justice spokeswoman said, the “ruling makes abundantly clear that Apple must now cooperate with the court-appointed monitor.”

After finding Apple liable for conspiring with five publishers to raise e-book prices, U.S. District Judge Denise Cote had appointed Bromwich as a monitor to look into antitrust compliance by Apple in the matter.

Since the appointment, Apple has raised one complaint after another in trying to remove Bromwich or limit his powers. Initially, Cote rejected Apple’s arguments observing that the reactions of the company only affirmed the need of an external monitor.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Apple has complained time and again that Bromwich has been overreaching his powers and had improperly sought interviews with key executives and insisted on broad access to company documents that were beyond the scope of his authority.

During oral arguments before the 2nd Circuit, DOJ attorneys acceded that Bromwich’s duties were effectively limited only to assessing the compliance policies and its efforts to disseminate those policies to its workers. It was not his duty to check on whether the workers were following the compliance policies or not.



Apple continues to pursue its appeal of Cote’s initial findings which held Apple liable for price fixing of e-books. At least 33 state attorneys general and class action attorneys representing consumers from 16 states are demanding compensation that may total about $840 million.



 

RELEVANT JOBS

Legal Assistant

USA-LA-Baton Rouge

Legal Assistant/Paralegal needed for fast paced Downtown Personal Injury firm. Duties will include c...

Apply now

Real Estate Attorney - in house

USA-CA-San Diego

Are you looking to work with a company who believes in celebrating differences and empowering each o...

Apply now

Paralegal / Office Manager

USA-GA-Atlanta

Baker Jenner LLLP is a growing multi-disciplinary practice looking for a litigation paralegal with a...

Apply now

Associate Attorney

USA-FL-Fort Lauderdale

NOW HIRING ASSOCIATES! Candidates must be admitted and be a practicing attorney or recently admitted...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Corporate Advisory Associate Attorney

USA-IL-Chicago

Chicago office of a BCG Attorney Search Top Ranked Law Firm seeks corporate advisory associate attor...

Apply Now

Labor and Employment Associate Attorney

USA-CA-San Francisco

San Francisco office of a BCG Attorney Search Top Ranked Law Firm seeks labor and employment associa...

Apply Now

Land Use Associate Attorney

USA-CA-Costa Mesa

Costa Mesa office of a BCG Attorney Search Top Ranked Law Firm seeks a land use associate attorney w...

Apply Now

SEARCH IN ARCHIVE

To Top