Apple plants seeds of doubt in appellate challenge of antitrust monitor Bromwich

“Apple’s aggressive challenge to an external compliance monitor’s investigation into Apple’s antitrust compliance policies may be planting seeds of doubt that Apple hopes will bear fruit in its appeal of Judge Denise Cote’s decision in United States v. Apple, Inc. that Apple conspired to raise e-book prices,” Allison F. Sheedy reports for Antitrust Today.

“On Tuesday the U.S. Court of Appeals for the Second Circuit granted Apple a temporary administrative stay of the monitor until a three-judge panel can rule on Apple’s motion for a full stay pending appeal,” Sheedy reports. “Judge Cote hand picked Michael Bromwich in September to serve as an external compliance monitor ‘to review and evaluate Apple’s existing internal antitrust compliance policies and procedures, and to recommend to Apple changes to address any deficiencies in those policies and procedures.’ Although Bromwich lacked antitrust credentials, he had longstanding ties to the Judge herself.”

“The question is why did Apple pick this fight? Is it only about the money? Certainly not: Apple is going to pay its outside counsel enormous amounts to litigate this issue,” Sheedy reports. “Is it about Apple executives being fed up with the breadth of the oversight? Perhaps. If Apple’s claims that the external monitor has roved well beyond his purview and has disrupted Apple’s business operations are accurate, Apple would have a legitimate gripe. But the best explanation may be fairly simple: Apple might be striving to create a record for the court of appeals.”

Read more in the full article here.

Lady Elaine Fairchilde (left), Judge Denise Cote (right),or vice versa
Lady Elaine Fairchilde (left), Judge Denise Cote (right),or vice versa

MacDailyNews Take: It’s also about the fact that Apple is innocent, did not collude to raise e-book prices, and Denise Cote is a vacant-eyed puppet manipulated by Jeff Bezos via a painfully clueless DOJ.

And, no kidding, Ally Sheedy? For real? 😉

Need input… More input, Stephanie!

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8 Comments

  1. Not one iota of proof that Apple conspired . Got that Cotex?

    You and the DOJ are so out of line that your eyes are crossed. Apple will prevail on appeal and as much as wall street hates apple it will see to it that this kind of muzzle never get applied to free enterprise and american business interests . Bank on that.

    As for sanctions against the dimwitted biased Cotex – they are on their way judge – you will be judged and condemned and have a tarnished record forever because you are blatantly, by your own record and words condemned and pre disposed.

  2. One reason Denise Cote appointed the monitor was that Apple showed “no remorse.” This woman is not interested in justice, she decided Apple was guilty before the trial and wants Apple to grovel. Apple didn’t break any laws and doesn’t need an inquisitor roaming the halls of this highly creative company. This case is a travesty. The monitor is completely unnecessary to check “compliance” with her edicts. Apple protested because because he’s randomly poking around in the most ripped-off company in history, because his rates are unethical and because they didn’t do anything wrong. It doesn’t take a genius. My hope is the higher court wastes no time overturning Cote.

  3. I think this is the proper link to the original article. Nothing new really, but I’m sure more and more people up the echelon are realizing that Apple has done nothing wrong and that koh Cote, well what a tosser she is.

    1. A thank you to MDN for removing the link from my post and then using it to direct us readers to the appropriate site. That’s one of the many reasons I like coming here.

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