Apple Fails to Disqualify Antitrust Monitor in Appeals Court

A federal appeals court has rejected Apple's bid to disqualify antitrust monitor Michael Bromwich who was appointed after Apple was found to have conspired with publishers to raise e-book prices.

Reuters reports that the 2nd U.S. Circuit Court of Appeals in New York said that Judge Denise Cote did not abuse her discretion by rejecting Apple's bid to disqualify Bromwich as its monitor.


Bromwich has been accused of being too aggressive in examining Apple's business practices and demanding interviews with executives, interfering with company operations. He's also been accused of collaborating improperly with the plaintiffs and charging excessive fees that started at $1,100 an hour.

Notably, Circuit Judge Dennis Jacobs did say that some of Apple allegations against Bromwich "give pause", especially one instance where Bromwich worked with the plaintiffs to oppose a court motion filed by Apple, submitting an affidavit in support.

However, Jacobs said that on the record, "we cannot say that the district court abused its discretion" in finding that this didn't require Bromwich's disqualification.

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