Apple seeks to freeze its U.S. e-books ‘antitrust monitor’

“Late on Thursday, Apple filed papers in federal court in Manhattan seeking to halt a court-appointed antitrust monitor, Michael Bromwich, from engaging in any further oversight over the company, pending the outcome of its appeal of the ebooks antitrust judgment entered against it last July,” Roger Parloff reports for Fortune.

“Its papers allege that Bromwich ‘is conducting a roving investigation that is interfering with Apple’s business operations, risking the public disclosure of privileged and confidential information, and imposing substantial and rapidly escalating costs on Apple that it will never be able to recover,’ even if it wins its appeal,” Parloff reports. “It also alleges that the monitorship, ‘as it is being interpreted and implemented by Mr. Bromwich as the Court’s agent, is flatly unconstitutional, and will be reversed on appeal.'”

Parloff reports, “In Apple’s papers, written by appellate counsel Ted Boutrous of Gibson, Dunn & Crutcher, Boutrous makes clear that if Judge Cote denies the stay, Apple will seek an expedited appeal to the U.S. Court of Appeals for the Second Circuit, where Apple’s appeals of Judge Cote’s verdict and judgment in the case are already pending.”

Read more in the full article here.

MacDailyNews Take: This entire farcical saga could’ve been avoided if only Denise Cote wasn’t a dimwitted pawn.

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  1. I think “dimwitted pawn” is the wrong term to use. She’s clearly a manipulative, conniving piece of garbage using her influence and connections to the best of her abilities.

    But no matter which way you slice it, she’s a stain on our entire justice system.

    1. More likely, she’s being bribed by Samsung. Otherwise, she wouldn’t have used Bromwich in an unconstitutional manner. Those Ex Parte sessions were what broke the metaphorical camel’s back. Apple realized that Bromwich is working with the judge to crucify Apple. This is a big PR move for Samsung.

      “She has no ethics, no scruples and no reflection”(Frasier Crane)

    1. There is nothing writing with the system. Is the Olympic Games system wrong if it doesn’t catch dopers and cheaters?

      It’s the players, not the game that is at fault.

  2. I’m starting to see that Bezos = Madoff + Capone with his wild Amazon Ponzi scheme. This is the only way the Apple verdict, or even the case in the first place, ever made sense. What would happen if the public were to get upset with Amazon and boycotted the service for 3 days? Would they run out of cash?

    1. Interesting. I expect it would take much longer. But at interesting point. On the other hand, what would happen if they were determined: “too big to fail”. 🙂

    1. Likely you haven’t been following the details but it’s been publicly acknowledged of their prior relationship in judicial and legal issues and her support of him. Check out December posts above. Ahh, our system of jurisprudence. Makes you wonder what “prudent” really means.

  3. Except James, Coyote is clearly biased against Apple and judged Apple as guilty before the trial even began. Then she hires a personal friend who knows nothing about monitoring to do this job and then gives him free rain to charge astronomical fees for work he doesn’t do correctly. Also he is supposed to be there to ONLY see over book deals and nothing else. As it is most legal people think that Apple was actually doing nothing wrong and did prove that in court yet biased Coyote ignored all evidence and flatly judged Apple as guilty when it was pretty clear Apple did it’s business just like Amazon. If Apple is really guilty then Amazon should be in this as well. Coyote needs to be removed as a judge because she has broken all the rules as an impartial judge.

  4. Having read most of the documents I believe Apple was guilty under the exact letter of the law, and I think that is how Judge Cote saw it. It isn’t her place to make new law, or send messages via the law. Her prejudging before hearing the facts of the case was fairly inexcusable though.

    That said, I believe the marketplace Apple is working in is different than the law could have perceived when it was enacted. In the spirit of the law, I believe Apple was in the right, just wrong by the letter of the law.

  5. Bromwich is a mole. Cote is ruling the way she is & implementing ‘remedies’ for the purpose of the government keeping a closer eye on Apple Inc.

    The ‘pre-judgement’ by Cote and her assigning this personal friend as the overseer could – I stress, could – simply be her way of throwing wooden shoes into the machinery. They are pretty blatant judicial transgressions, and they’re not being overturned on appeal would raise many eyebrows. It may be she doesn’t agree with what she’s being told she should do, and this is her way of derailing it passively. Of course she could be playing it this way simply because she has no fear of repercussions & she’s totally on board (i.e. there will be no remedy for Apple upon appeal & her future career is guaranteed). It’s too hard to know which, yet.

    Either way, the aim here is to keep Apple ‘on the reservation’ preemptively. Bromwich is a ham-handed attempt to get eyes on the inside. To get as much info on future moves as possible, and also to monitor whether the company might go all ‘Jobsian’ again (vis a vis keeping NSA & other government-type agendas out of Apple products & software), so they’ll have some advance warning.

    The Zeitgeist is shifting. It’s now clear to many in Silicon Valley (what should have been clear in the first place) that their collaboration with Wall St./DC was the worst Faustian Bargain ever made. To many, it’s accepted that Jobs was right to hold the line, to the extent that he could, and Cook was wrong to think he could keep himself clean once he knelt & kissed the TarBaby’s hand. He may be realizing that now, slowly, or the Apple board, or principals with in management, or some combination of all of the above.

    If so, it would go a long way toward explaining what’s coming out of Cote’s courtroom. It’s a forced, desperate attempt to keep Apple at heel.

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