US: Apple asks US appeals court to disqualify antitrust monitor

During today’s proceedings, Circuit Court Judge Dennis Jacobs took issue with Bromwich’s monitoring activities, including requests to meet with Apple executives and board members without their lawyers, reports Reuters.

“I think you could see how that could generate substantial anxiety in the company,” Judge Jacobs said.

Justice Department counsel Finnuala Tessier retorted, saying Bromwich has not met with Apple executives without legal representation present. She also addressed concerns that Bromwich held private discussions with the DOJ, saying such talks are necessary and expected.

“Monitorships would be unworkable otherwise,” Tessier said.

Judge Jacobs also took issue with the $1,100 per hour fees Bromwich initially charged Apple for his services, saying the public would be “flabbergasted” at the amount.

Bromwich’s working rate has since been reduced to an undisclosed figure, but Judge Jacobs ordered current details be filed by Thursday.

Apple has accused Bromwich of conducting a wide-roving and unconstitutional investigation of the company, an argument reiterated by Apple lawyer Theodore Boutrous in court today.

Full Content: Reuters

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