11 February 2014

Apple for the day


The New York Times has an article by Matthew Goldstein about the latest Apple news:
The court-appointed monitor in the Apple e-book price-fixing case can get back to work.
A Federal appellate court has rejected Apple’s request to stay the monitor, Michael R. Bromwich, a Washington, DC lawyer, from doing any more work pending the outcome of its challenge to a judge’s earlier order appointing the monitor in the first place.
But a one-page ruling from the three-judge panel of the United States Court of Appeals for the Second Circuit did put some limits on how far Bromwich can go in demanding documents and interviews with Apple employees.
The ruling said that the monitor’s job was to make sure the company was putting in place procedures to comply with Federal antitrust laws and that Apple executives and board members “are being instructed on what those compliance policies mean and how they work”. Yet, the order went on to say the monitor was not supposed to “investigate whether such personnel were in fact complying with the antitrust or other laws”.
The appellate panel said the limits were consistent with the trial court’s initial order and statements made by lawyers for the Federal government, which brought the lawsuit, at a hearing last week.
In October of 2013, Judge Denise Cote of the United States District Court in Manhattan appointed Bromwich as the monitor after she earlier determined that the company conspired with five publishers to fix prices for e-books.
In January of 2014, Judge Cote rejected Apple’s request that she remove Bromwich. She told the company and its lawyers to stop challenging the monitor’s authority and let him do his work.
Apple contends the appointment of a monitor is unwarranted and represents a major intrusion into its business practices. The company has argued there is no need for a monitor ,because it is already moving to enact a plan to bring its pricing policies for consumer goods into compliance with federal antitrust laws.
Rico says that Apple is miffed, but can't seem to do anything about it...

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