Sunday, April 19th4.3°C
26072
24644

Federal appeals panel in NY restores Apple monitor but spells out limits to his authority

NEW YORK, N.Y. - A court-appointed monitor evaluating Apple's antitrust policies can resume his work but must adhere to the strict limits on his duties spelled out by the judge who appointed him, a federal appeals panel said on Monday.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan issued the order after hearing oral arguments last week on Apple Inc.'s request that the monitor's work be suspended until the appeals court decides whether it was proper to appoint him. That ruling could be months away.

The order allows the monitor, Washington lawyer Michael Bromwich, to resume his duties after they were suspended for several weeks while the appeals court considered whether to grant Apple's request temporarily.

A Manhattan judge appointed the monitor in the fall for two years after concluding Apple colluded with book publishers in 2010 to raise electronic book prices.

Apple, based in Cupertino, Calif., declined to comment on the restoration of Bromwich's work.

The federal government was pleased with the court's decision, Department of Justice spokeswoman Gina Talamona said.

"Today's ruling makes abundantly clear that Apple must now co-operate with the court-appointed monitor," she said in a statement. "The appellate court's ruling reaffirms the department's and district court's decision that a monitor is necessary to oversee Apple's antitrust compliance policies, procedures and training to help ensure that Apple does not engage in future price fixing and that U.S. consumers never have to pay the price of their illegal conduct again."

The appeals court wrote that it agreed with a narrow interpretation of U.S. District Judge Denise Cote's description of Bromwich's duties, meaning Bromwich should be limited to evaluating whether an antitrust compliance program is adequate, not whether Apple employees and management were complying with antitrust laws.

"The monitor was empowered to demand only documents relevant to his authorized responsibility as so defined, and to interview Apple directors, officers and employees only on subjects relevant to that responsibility," the 2nd Circuit panel noted.

In court papers, Apple has argued that Bromwich launched a "broad and amorphous inquisition" that was interfering with its business operations and imposing substantial and rapidly escalating costs on it.

Government lawyers said in court papers that Apple had let the monitor conduct only 13 hours of interviews with 11 people, seven of whom are lawyers, and had provided the monitor with only 303 pages of documents.

The Canadian Press


Read more Business News




Recent Trending




Today's Market
S&P TSX15360.55-26.22
S&P CDNX702.85-2.74
DJIA17826.30-279.47
Nasdaq4931.81-75.98
S&P 5002081.18-23.81
CDN Dollar0.8169-0.0001
Gold1204.10+6.10
Oil56.14-0.57
Lumber245.50-9.80
Natural Gas2.641-0.043

 
Okanagan Companies
Pacific Safety0.12+0.00
Knighthawk0.010.00
QHR Technologies Inc1.40-0.01
Cantex0.035+0.005
Anavex Life Sciences0.33+0.02
Metalex Ventures0.075+0.030
Russel Metals27.48-0.23
Copper Mountain Mining1.13+0.01
Colorado Resources0.10-0.00
ReliaBrand Inc0.005+0.001
Sunrise Resources Ltd0.04-0.01
Mission Ready Services0.175-0.010
Decisive Dividend Corporation1.80+0.15

 



24637

FEATURED Property
22662622234 Terrero Place
$639,900
more details
image2image2image2
Click here to feature your property
Please wait... loading


Calling on your help!

Has the internet flattened prices as predicted? Has the internet created opportunities for your business to find higher priced markets further afield? Is posting prices on your website a good thing o...


Living with Plan B

“It does not do to leave a live dragon out of your calculations, if you live near him.”― J.R.R. Tolkien, The Hobbit Photo: Thinkstock.comHuman beings are optimists by nature. Whether...


Reverse mortgage solution

With the housing and financial markets on solid footing, some retired Canadians may consider cashing in their growing assets to enjoy vacations and major home renovations. Others, on the other hand, a...

_



25633

25979


Member of BC Press Council


25692