Apple requests the removal of eBook antitrust compliance monitor

Apple is petitioning U.S. District Court Judge Denise Cote, asking her to remove Michael Bromwich from his position as Apple’s antitrust compliance monitor. Bromwich was appointed to monitor Apple after a court found that Apple fixed prices on eBooks, an action that forced customers to pay substantially higher prices for their digital books.Law firm Gibson Dunn sent the letter, obtained by AppleInsider, to Cote on behalf of Apple. In the petition, Apple requests the removal of Bromwich because of his personal bias against the company. Apple points to Bromwich’s recent declaration to the court that accuses Apple of not cooperating with his monitorship as evidence of his impartiality in his role as monitor. His [Bromwich’s] wholly inappropriate declaration in an adversarial proceeding is compounded by his conduct and the circumstances surrounding his appointment and activities, including his reliance on preappointment conversations with the Court and plaintiffs as grounds for expanding his mandate beyond the terms of the Final Judgment, his active collaboration with plaintiffs to broaden the scope of his mandate in this manner and oppose Apple’s motion for stay, his financial demands, and his adversarial, inquisitorial, and prosecutorial communications and activities toward Apple since his appointment. Apple claims that Bromwich overstepped his bounds by requesting interviews with executives, board members and other Apple employees. The Cupertino company also takes issue with Bromwich’s fee structure, which Apple claims is excessive. Apple and the DOJ will meet again in court on January 13th for oral arguments in Apple’s motion to stay the investigation while Apple’s appeal progresses through the courts. Continue reading →

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