Apple Wins Brief Stay of External Monitoring in E-Books Antitrust Case

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iBooksThe ongoing dispute over external compliance monitoring of Apple in the e-books antitrust case has taken another turn today, with a federal appeals court granting Apple a brief reprieve from monitoring as it considers the possibility of a longer stay as Apple appeals the original decision, reports Reuters.

The 2nd U.S. Circuit Court of Appeals in New York granted Apple an "administrative stay" of the court order appointing the monitor, Michael Bromwich, while the company seeks permission for a longer stay during its appeal.

In a brief order, the 2nd Circuit said a three-judge panel would hear Apple's motion for a stay pending appeal as soon as possible. It gave the government until Jan. 24 to file opposition papers. The government did not oppose the request for an administrative stay.

Last November, Apple filed a formal complaint regarding Bromwich, alleging significant overreach and exorbitant fees. In response, Bromwich, who has no significant previous antitrust experience and whose ties to Judge Denise Cote have been questioned, claimed that Apple was hindering his investigations.

Apple formally requested removal of Bromwich earlier this month, but Cote declined to do so, arguing that "Apple's reaction to the existence of a monitorship underscores the wisdom of its imposition."

Apple is continuing to pursue an appeal of the original decision, and the appeals court will ultimately decide whether the monitoring by Bromwich should be put on hold while that appeal is heard.

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88 months ago

It is about time for the tide to turn on this case!

Well, you'll note it was out of Cote's hands at this point. Everything up to this point has been all Judge Cote. Who, really, is on the defensive, though thats not how many news media's present it.

Her conduct and link to Bromwich is a very big deal and has the potential of pulling her from the bench.

I honestly don't think Apple would have kept pushing unless they thought they had something to that effect. They just needed to hold out long enough to get it into the Appeals Court. I often wonder if thats what Cote meant when she "supposedly" told Bromwich to hurry up and get in there, that he wouldn't have much time.

Anyway, we'll see I guess. All bets are off at this point I think. Depends on what kind of hand Apple really has.. we should now in the next few weeks/months.

Now the real pop-corn, head turning, begins. I want extra butter on mine. ;)
Score: 7 Votes (Like | Disagree)
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88 months ago

So, what, Bromwich just sits in a hotel for a while?


If nothing else, he cannot bill Apple $1100 an hour for the remainder of this week. :D
Score: 5 Votes (Like | Disagree)
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88 months ago
If someone is guilty of price fixing, it's Amazon. They had set the price artificially low in an attempt to kill the competitors, control the market, and inadvertently harm publishers. I'm not for higher prices, but the market should determine those prices, not one seller. What Apple did was get together with publishers and said, 'hey, why don't you set the price of the book and if no one buys it, you'll have to lower prices'. This is how the economy is supposed to work. The government, and many citizens, only care when price fixing raises prices. Keeping a price artificially low hurts the very businesses whose product you want. While it may not hurt the big authors, it can really hurt smaller authors and prevent new authors from ever getting published. The publishers get the prophet but they also assume all the risk.
Score: 4 Votes (Like | Disagree)
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88 months ago
I really never understood why Apple was guilty of price fixing. And this whole business with this guy is really beyond me. I do hope that in appeals things get sorted out better. The idea of going back to Amazon setting the price for books just does not sound right (I know that is not exactly what was decided, but in essence the judge said that Apple was guilty of colluding in breaking the Amazon model and that in doing so that was a bad thing).
Score: 4 Votes (Like | Disagree)
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88 months ago
This is a good decision. It is clearly a conflict to put someone who has no antitrust experience into a position of overseeing such a large decision by the courts. Especially a friend of the judge who handed down that decision.
Score: 4 Votes (Like | Disagree)
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88 months ago
It is about time for the tide to turn on this case!
Score: 4 Votes (Like | Disagree)

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