Antitrust Monitor Was Failed By Apple to disqualify in e-books case

A federal appeals court rejected Apple's offer to disqualify antitrust compliance monitor named after the technology company was found responsible for conspiring with five publishers to raise prices of electronic books.

Saying some accusations against Michael Bromwich monitor "give pause" the second Circuit Court of Appeals in New York, a trial judge did not abuse its discretion in rejecting the offer for Apple to end his appointment of two he said years earlier.

District Judge Denise Costa Bromwich installed through a permanent injunction in October 2013, three months after it ruled in favor of the Department of Justice United States by finding that Apple had played a "central role" in the conspiracy to raise prices of electronic books and prevent rivals such as Amazon.com Inc.

The company, based in Cupertino, California, is appealing the decision. Apple entered a separate agreement $ 450 million related claims by 31 states, Washington, DC, Puerto Rico and consumers quotas confirmed the decision.

Apple had claimed improperly Bromwich collaborated with the Justice Department and the states, it was too aggressive in demanding interviews with executives, and charged hourly fees that began in 1100 US dollars before being cut to $ 1,000, an amount revealed the Thursdays.

Meanwhile, Bromwich, a lawyer, has criticized Apple for refusing to provide access and adoption of an "accusatory tone" toward him. Writing for the Court of Appeals, Circuit Judge Dennis Jacobs Bromwich criticized for submitting an affidavit in support of the plaintiffs when they opposed the request for Apple to stop their work.

"Submission Bromwich together with the statement of a litigant was the opposite of best practices for a court-appointed monitor," and may pose "an appearance of impropriety," Jacobs wrote.

But Jacobs said Costa mandate "includes at least some interaction" between Bromwich and plaintiffs, and it is not necessary Costa disqualify why or his billing rate, "rich as it can be."

Apple spokesman Josh Rosenstock, Apple attorney Theodore Boutrous and Bromwich spokeswoman declined to comment. In a concurring opinion, Judge US District Jesse Furman criticized Apple for being slow to oppose actions Bromwich.

"The company sat heavily on his hands, so that problems with the monitor to rot and deteriorate the relationship," he wrote.

A Justice Department spokesman welcomed Thursday's decision, saying that Apple "could have avoided all this appeal" raising concerns about fast Bromwich.

Hachette publishers are Lagardere SCA, News Corp's HarperCollins, Penguin Group, CBS Corp Simon & Schuster and Macmillan of Verlagsgruppe Georg von Holtzbrinck GmbH.