US: Apple flirts with victory over eBooks monitor

Apple reportedly filed an emergency request of a three-judge pael for the 2nd US Circuit Court of Appeals in New York in efforts to have its controversial antitrust monitor ousted while Apple’s appeal to have the monitor permanently removed is pending.

Apple appealed to the court Tuesday for an extended delay in monitor Michael Bromwich’s work; Bromwich was appointed as a third-party watchdog to oversee Apple’s compliance with national antitrust laws, the result of an earlier law suit pursued by the Department of Justice that found Apple guilty of conspiring to fix eBooks prices.

Apple, which claims Bromwich has overstepped his boundaries and overcharged for his work, was denied by US District Judge Denise Cote an appeal of Bromwich’s appointment.

While Bromwich’s duties are temporarily suspended and Apple seeks complete and permanent removal of the monitor – a process reports say could last for months – the appeals court has temporarily removed Bromwich from the position.

But reports say Apple filed an emergency request to extend that temporary removal.

Lawyers for the DOJ fought back, however, telling reporters that “the preliminary injunction demands that Apple fully understands why and how it needs to comply with antitrust laws, not a year from now … but today.”

The panel said it would consider today’s request by Apple.

Full Content: Businessweek

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