Appeals court denies Apple’s request to stay compliance monitor in eBook price fixing case

ibooks_ibookstore112813A federal appeals court rejected Apple’s bid to suspend the activity of antitrust compliance monitor Michael Browmwich, who was appointed by U.S. District Judge Denise Cote as part of Apple’s eBook antitrust settlement with the Department of Justice.
The panel of judges rejected Apple’s argument that it was suffering irreparable harm due to the activity of monitor Bromwich.

In a brief order, the 2nd U.S. Circuit Court of Appeals in New York said that monitor Michael Bromwich may continue to examine Apple’s antitrust compliance policies while the company pursues a broader appeal seeking to remove him altogether.

However, the court’s order addressed some of Apple’s concerns, making it clear that there are limits to the monitor’s powers.

Apple has fought against Bromwich since his appointment last October, arguing in court filings that the attorney is overstepping his role as compliance monitor by requesting interviews with executives and requesting broad access to sensitive company documents. A May trial is expected to decide how much APple will pay in damaged to the 33 state attorney generals and 16 class-action lawyers representing clients in 16 states.