Apple attempts to remove antitrust monitor appointed for ebooks case


Apple(s aapl) is not happy with its court-appointed antirust compliance officer. Its law firm, Gibson Dunn, submitted a letter to U.S. District Court Judge Denise Cote on Tuesday, requesting the removal of antirust monitor Michael Bromwich, reports Reuters. Apple claims that Bromwich has a personal bias against the company.

Here’s an excerpt from the letter, which can be read in full at Apple Insider.

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.

The declaration Apple refers to is one which Bromwich filed last month, defending himself after Apple argued that his actions were unconstitutional. Bromwich also detailed Apple’s unwillingness to cooperate with him.

The relationship between Apple and Bromwich has been strained since his appointment in October. In November the company filed a complaint about his aggressive demeanor, as well as Bromwich’s decision to bill $1100/hour despite his lack of experience in antitrust law. These complaints were reinforced in Apple’s letter this week.

Apple’s previous attempts to oust Bromwich have not been fulfilled. The parties are both slated to meet in court on January 13. In the meantime, my colleague Jeff Roberts shared an interesting take on the case last month.



Incompetence placed there by nepotism. Vote needs to be investigated, not Apple.

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