Apple v. Judge Denise Cote and Michael Bromwich: The odds are in Apple’s favor today

“We’re in the middle rounds of the e-book antitrust case. The issue today pits Apple against District Court Judge Denise Cote, who ruled in July that the company had conspired with publishers to fix the price of e-books,” Philip Elmer-DeWitt reports for Fortune. “Apple is appealing that ruling. Meanwhile, Judge Cote has appointed a monitor — former DOJ inspector general Michael Bromwich — to make sure Apple is prepared to comply with federal antitrust laws.”

“Apple claimed Bromwich overstepped his authority and wanted him dismissed. Judge Cote refused and wrote a 64-page ruling explaining why,” P.E.D. reports. “Apple upped the ante, raising constitutional questions of separation of powers and asking for a stay. Further complicating matters: Cote is gearing up to preside over a separate case in which state attorneys general are seeking $840 million in antitrust damages from Apple.”

P.E.D. reports “‘The issue has become a “weird and fascinating grudge match,’ [my Fortune colleague Roger Parloff] writes, with legal questions so thorny that the appeals court may want to take the path of least resistance.”

Read more in the full article here.

10 Comments

  1. When Barack Obama doesn’t like you expect the full weight of the Federal government to come down on you. And of course, its not about the law, it’s about being obedient to the dictator. Ask the Gibson Guitar company, which spent five years under assault literally. Their offices were stormed by Obama Fed Nazis with automatic weapons, because some of their finger boards, supposedly were slightly wider than Madagazcar law permitted, a point on which that country disagreed with our dictator. So, Gibson had to spend about 10 million defending themselves against a lunatic charge that never had any basis.

    On the other hand Jon Corzine, Democrat Governor and Senator and big money bundler for the 1%, was permitted to steal $2 billion of small investor money from the private accounts at MF Global. No objection by Obama that a rich Wall Street CEO might have to be involved to open up private accounts. No crime there. Just go steal the guitar wood at Gibson and shut up.

    Apple, for whatever reason, Obama has put a target on you. You are as radioactive as a conservative voter to the IRS. Every bit of your business will be penalized until you submit.

    1. If only we could go back to the good old days of Bush when none of this sort of stuff was ever done. Republicans are actually angels who have just made their wings invisible — come down to look after us and to lead us into a kingdom of love and light.

      1. Right. It wasn’t done. Entire industries were not changed based on bills nobody bothered to read and based on Presidential lies (you can keep your plan, you can keep you doctor, you will save $2500 every year), ambassadors were not raped in the street while the President dreamed up a lie and then went to bed.

        Yes, this evil did not occur under Bush.

  2. Bromwich needs to be held accountable to only what and who is involved with the book deal. That’s what the court needs to direct here. Cote is a puppet with predetermined answers of her own. She is not a judge and I wish some higher power could come down on her and remove her as a judge entirely. She sucks at it badly. She doesn’t have an impartial bone in her body which is what the judge should be and she is definitely NOT. She doesn’t adhere to the rules of evidence for both sides. She only considers what she thinks is her side. Which on itself is totally wrong! Then she makes up punishments that allow ridiculous fees and over the top powers to let this guy bother everyone even though they aren’t apart of the case at hand. Yes Apple has a lot of money but there should be a little control over this. And why can she as a judge be able to hire a personal friend to do this job especially when he’s not even qualified to do it in the first place. That is really wrong.

    1. Cote and Bromwich are doing as Obama has ordered. He always said he hated capitalism. What do you expect from a communist? When you make $13 billion in a quarter the Leninist / Stalinist might come looking for you.

  3. re “He always said he hated capitalism.”

    Please supply articles (from reputable sources) that contain such a quote.
    Please supply videos where he says this. (Not videos of right-wing talking heads SAYING that he said it.)

    Also, please learn what “communist” actually means. You do realize that the stock markets are doing just fine, I trust?

    1. He said in college he preferred to hang out with leftist students and professors.

      His close friend who got him started in Chicago politics hosting his first campaign fundraiser was Bill Ayers, Weather Underground founder, who blew up federal building, regretted he did not blow up more. Ayers has always been aligned with communist front groups.

      Obama’s pastor of 20 years Jeremiah Wright weekly expresses his hatred of America and said “God Damn America.

      Obama told Joe The Plumber he would take more of his money because he thought it was right to “spread the wealth around” which is pure communism.

      He had the most leftist Senate voting record of any Democrat.

      If you don’t see Obama is a communist you are ignorant of reality.

  4. “… with legal questions so thorny that the appeals court may want to take the path of least resistance.”

    Let’s hope not. It seems to me that the path of least resistance would be simply agreeing with Judge Cote’s decisions.

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