Apple files appeal on e-books compliance monitor; will fight Bromwich’s ‘roving’ investigation, excessive fees

“Apple has officially filed for an appeal of US District Judge Denise Cote’s recent decision, which denied both Apple’s request to suspend an antitrust external compliance monitor (ECM) while an appeal of the main judgement is considered, and a request to disqualify the current appointee, Judge Cote’s personal friend and former DOJ Inspector General Michael Bromwich,” Electronista reports.

“The Department of Justice successfully sued Apple earlier this year, alleging that the company managed to ‘vertically’ join an existing ‘horizontal’ price-fixing conspiracy among publishers against Amazon’s abusive-monopoly behavior and price model,” Electronista reports. “Apple argued (and will argue in its appeal) that it did not participate in any conspiracy, and that its proposed ‘agency’ model for e-book pricing in fact levelled the playing field, allowing more publishers and more e-book sellers to enter the market.”

“Cote, who has been the subject of adverse articles outside Apple’s sphere of influence accusing her of bias and judicial overreach, named her friend Bromwich to the job of ‘confirming the existence of a genuine and effective antitrust compliance program within Apple,’ which was originally set to begin when Apple submitted its revised antitrust policies to the court later this month,” Electronista reports. “Bromwich, who has no experience in antitrust matters, required an assistant lawyer with the requisite background for the job, and the court made Apple pay both Bromwich and the assistant, who both command more than $1,000 per hour.”

Read more in the full article here.

MacDailyNews Take: The U.S. Federal Puppet would be pissed if her head weren’t fashioned from a block of wood.

For the whole sordid story in a nutshell, please read: Apple’s Star Chamber: An abusive judge and her prosecutor friend besiege the tech maker.

Related articles:
In pretrial view, judge says leaning toward U.S. DOJ over Apple in e-books case – May 24, 2013
Lawyers have complained for years that Judge Denise Cote pre-judges cases before she enters the courtroom – August 14, 2013

Apple to appeal ruling rejecting bid to block monitor Bromwich – January 17, 2014
U.S. Federal Puppet Denise Cote: ‘Apple’s reaction to the existence of a monitorship underscores the wisdom of its imposition’ – January 16, 2014
Judge Denise Cote denies Apple request block her friend as ‘antitrust compliance monitor’ – January 13, 2014
Antitrust monitor Bromwich rebuts Apple accusations of ‘unconstitutional’ investigation – December 31, 2013
Apple seeks to freeze its U.S. e-books ‘antitrust monitor’ – December 15, 2013
The persecution of Apple: Is the U.S. government’s ebook investigation out of control? – December 10, 2013
Apple’s Star Chamber: An abusive judge and her prosecutor friend besiege the tech maker – December 5, 2013
Apple takes aim not just at court-ordered e-books monitor, but also at U.S. District Judge Denise Cote herself – December 2, 2013
U.S.A. v. Apple: Judge Denise Cote assigns DOJ monitor in Apple ebook price-fixing case – October 17, 2013
U.S.A. v. Apple: Judge issues injunction against Apple in ebooks antitrust case; largely in line with what DOJ wanted – September 6, 2013
U.S.A. v. Apple: Judge Denise Cote says Apple needs third-party supervision after ‘blatant’ ebook price fixing – August 28, 2013


  1. I hope that the Apple lawyers dot their i’s and cross their t’s for they need to be impeccable warriors of integrity in this manner towards this koh Cote bully. This is looking more and more like a witch hunt by the DOJ and I hope that the media can report with manners as well. This isn’t wall street whoralism or analystic manipulation here, it’s principle.

    The danger of course is that they bigger they are the harder they fall and if Apple takes a fall here it will be massive.

    Stand tall Apple, you have the moral high ground.

  2. There is a free country to the North of California, which is where Apple needs to move its Head Office. Federal corporation income tax rates are far lower, and the government consists of politicians whose contributions come from individuals, not unions, not corporations. The longer the DOJ engages in anti-Apple activity the more the corruption in Washington stinks to high heaven. This pro-Amazon case could never happen in Canada.

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