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Apple wants antitrust lawyer out

A ruling against Apple regarding e-book price fixing has the tech company looking to remove the lawyer in charge of the case.

By Reuters
New York, 08 Jan 2014

Apple is seeking the removal of a lawyer appointed by a court to monitor its antitrust compliance following a ruling last year that the company had conspired to fix e-book prices.

An attorney for the consumer technology giant on Tuesday asked US district judge Denise Cote in Manhattan to disqualify Michael Bromwich from serving as an external compliance monitor, arguing he had shown a personal bias against the company.

In a letter to Cote, Apple's lawyer cited a "wholly inappropriate declaration" filed by Bromwich last month. In the declaration, Bromwich defended his work as a monitor against Apple's complaint that he had overstepped his mandate. He also detailed his unsuccessful efforts to gain Apple's co-operation for his assignment.

Cote appointed Bromwich in October following a ruling she made in July, finding Apple liable for conspiring with five publishers to raise e-book prices above those established by the dominant retailer in the market, Amazon.com.

But the relationship between Apple and Bromwich quickly spiralled downward.

In November, Apple complained Bromwich had aggressively sought to interview top executives, even though his mandate called for him to assess the company's antitrust policies 90 days after his appointment.

Apple also cited Bromwich's proposed hourly payment rate of $1 100. Those fees, Apple argued, provided Bromwich incentive to run "as broad and intrusive investigation as possible".

In the letter on Tuesday, Apple's lawyer repeated those same complaints.

A spokeswoman for Bromwich declined to comment.

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