Apple Inc. (NASDAQ:AAPL) criticized the revised remedy proposals of the Department of Justice (DOJ) in connection with the e-books price fixing conspiracy case against it. The tech giant lost the case after U.S. District Judge Denise Cote ruled that Apple Inc. (NASDAQ:AAPL) conspired with five major publishers to fix the prices of e-books.
Apple on DOJ’s remedy proposal
In a letter submitted to the court on Monday, Orin Synder, legal counsel for Apple Inc. (NASDAQ:AAPL) called the DOJ’s revised remedy proposal a “transparent effort to again attack the credibility” of the iPhone and iPad maker. Snyder also said the proposal was a “broadside masquerading as a brief repeating” of the prior arguments of the DOJ and failed to follow the core guidance of the court.
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Snyder emphasized that the 12-page brief was “wholly improper” and it violated the agreement of the Apple Inc. (NASDAQ:AAPL) and DOJ last August 12 and the order of the court of August 13.
In addition, Snyder pointed out the revised remedy aims to justify an injunction against Apple Inc. (NASDAQ:AAPL) regarding its unilateral transactions with Amazon.com, Inc. (NASDAQ:AMZN) and other e-book retailers in its App Store, which the DOJ did not pursue during the trial. According to Snyder, the DOJ is pursuing a remedy that would provide significant competitive advantage for Amazon.
“This is highly improper and counterproductive. Now and after the trial and this Court has ruled-is not the time to adjudicate a while new array of legal and factual issues based on evidence that is outside the record and which largely post-dates the events at issue,” wrote Snyder.
Apple opposes external monitoring
Furthermore, the tech giant also opposed the proposed external monitoring or any other intrusive and punitive provision. Snyder reiterated that Apple Inc. (NASDAQ:AAPL)’s commitment to comply with the legal and antitrust mandates is unconditional and steadfast.
Apple Inc. (NASDAQ:AAPL) requested the court to order the DOJ to withdraw its remedy proposal, and to give the company an opportunity to respond in full.
The DOJ’s brief indicated that Apple Inc. (NASDAQ:AAPL) wants to “continue its business as usual regardless of the antitrust laws.” The agency said that significant oversight of a company so entrenched in a culture of insensitivity to the basic tenets of antitrust laws is necessary. The DOJ added that the court should not be confident that the tech giant would be able to ensure on its own that it would not repeat its illegal conduct.