Man in violation of privacy law

Breaking news and expert analysis on legal and compliance issues

[Back To Home][Back To Archives]

From Antitrust Law Daily, January 8, 2014

Apple seeks removal of antitrust compliance monitor

By Jeffrey May, J.D.

Apple, Inc. sent a letter to Judge Denise Cote of the federal district court in New York City yesterday, asking that a court-appointed external compliance monitor (ECM) be disqualified. The ECM—Michael Bromwich—was appointed under the terms of a Final Judgment (2013-2 Trade Cases ¶78,506), which was imposed on Apple after it was found to have orchestrated a conspiracy among publishers to fix retail prices for electronic books or e-books. The Department of Justice Antitrust Division had called for the inclusion of the ECM requirement in the Final Judgment over Apple’s strenuous objections.

The ECM has the power and authority to review and evaluate Apple’s existing internal antitrust compliance policies and procedures and a training program required by the final judgment. The final judgment makes Apple responsible for the costs of the monitor—costs that the company has called “extraordinary.”

In recent months, Apple has raised a number of objections about the ECM. In its letter to the court yesterday, Apple contended that the ECM’s “impartiality might reasonably be questioned” and that he “has a personal bias or prejudice.” The company also suggests that the ECM has “expanded his mandate beyond the terms of the Final Judgment” and “exceeded his authority under the Final Judgment.” In addition, Apple questioned the ECM’s efforts to make direct contact with company personnel outside the presence of counsel.

Because Apple has been unable to resolve its objections to the ECM’s conduct with the government under the procedures set forth in the Final Judgment, it has asked the court to intervene and resolve the dispute.

Attorneys: Theodore J. Boutrous, Jr. (Gibson, Dunn & Crutcher, LLP) for Apple, Inc.

Companies: Apple, Inc.

MainStory: TopStory Antitrust AntitrustDivisionNews

Antitrust Law Daily

Introducing Wolters Kluwer Antitrust Law Daily — a daily reporting service created by attorneys, for attorneys — providing same-day coverage of breaking news, court decisions, legislation, and regulatory activity.

A complete daily report of the news that affects your world

  • View full summaries of federal and state court decisions.
  • Access full text of legislative and regulatory developments.
  • Customize your daily email by topic and/or jurisdiction.
  • Search archives for stories of interest.

Not just news — the right news

  • Get expert analysis written by subject matter specialists—created by attorneys for attorneys.
  • Track law firms and organizations in the headlines with our new “Who’s in the News” feature.
  • Promote your firm with our new reprint policy.

24/7 access for a 24/7 world

  • Forward information with special copyright permissions, encouraging collaboration between counsel and colleagues.
  • Save time with mobile apps for your BlackBerry, iPhone, iPad, Android, or Kindle.
  • Access all links from any mobile device without being prompted for user name and password.