Saturday, April 19th7.9°C
21427
20654

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

20828


Recent Trending




Today's Market
S&P TSX14500.39+53.87
S&P CDNX998.770.80
DJIA16408.54-16.31
Nasdaq4095.516+9.291
S&P 5001864.85+2.54
CDN Dollar0.90720.00
Gold1293.80-9.2999
Oil104.59+0.83
Lumber326.10-2.70
Natural Gas4.735+0.205

 
Okanagan Companies
Pacific Safety0.115+0.01
Knighthawk0.01-0.005
QHR Technologies Inc1.29+0.07
Cantex0.055+0.01
Anavex Life Sciences0.3750.00
Metalex Ventures0.08+0.005
Russel Metals30.66+0.11
Copper Mountain Mining2.35-0.07
Colorado Resources0.255-0.01
ReliaBrand Inc0.12-0.01
Sunrise Resources Ltd0.025-0.005
Mission Ready Services0.25+0.02

 





FEATURED Property
971326760 Petterson Road
$489,000
more details
image2image2image2
Click here to feature your property
Please wait... loading


Learning to flirt with the edge

With all of the adventure activities I have done and still do, I wonder sometimes if the edge still exists. The systematic approach to learning a new adventure or extreme activity combined with the r...


Time spent prospecting

How much time should you put into prospecting? The question is a bit of a puzzle. Ideally, there would be a reference book that lists, by industry, how much time you should invest in prospecting acti...


Valuation fears grip markets

The Big Picture Valuation fears grip markets Growing concerns about the level of stock market valuations sparked a risk-off trade in global markets this week. Investors are worried that many companies...

_



21637

20956


Member of BC Press Council


21202