Apple Inc. (NASDAQ:AAPL)’s bid was finally rejected by the federal appeals court where it requested for the removal of the court-appointed antitrust monitor arguing that he was causing damage to the company. The order from 2nd U.S. circuit Court of Appeals stated that Michael Bromwich will be the examiner of Apple’s antitrust compliance policies, says a report from Reuters.
Some relief to Apple
Earlier, the U.S. Circuit Judge Gerald Lynch suggested a compromise by addressing some of Apple’s concerns that Bromwich had overreached on his authority. The court considered the suggestion and rejected Apple’s plea for a stay, but said that the monitor will conduct his activities within the outlined limits, which came as a relief to Apple. An Apple Inc. (NASDAQ:AAPL) spokesman declined to comment. Cote ruled out Apple concerns and allegations in January, saying that company’s reaction only highlighted the importance of an external monitor. The lawyers for the department of Justice accepted that the rights of Bromwich are limited to a review of Apple Inc. (NASDAQ:AAPL) compliance policies and its effort to propagate those policies to its workers efficiently. However, the government made it very clear that Bromwich has no right to probe into the matter whether the employees are actually following the antitrust laws, and if he finds any such evidence, then it should be conveyed to the court.
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DOJ satisfied with the decision
A Department of Justice (DOJ) spokeswoman stated that the government was satisfied with the court’s decision. “Today’s ruling makes abundantly clear that Apple must now cooperate with the court-appointed monitor,” said the spokeswoman, Gina Talamona. Bromwich was appointed on the case by the U.S. District Judge Denise Cote in October, three months after the case of Apple conspiring with five publishers to raise e-book prices surfaced. Ever since the appointment of Bromwich, Apple Inc. (NASDAQ:AAPL) is struggling to remove Bromwich. The iPhone maker argued that he is aggressively and improperly demanding interviews with key executives and broad access to company documents beyond the scope of his duties. The court trial is scheduled for May before Cote to reach consensus on how much Apple Inc. (NASDAQ:AAPL) is liable to compensate in damages over e-book claims brought by 33 state attorneys general and class action attorneys representing consumers from 16 states.