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US: Judge Cote releases reasoning behind Apple monitor

 |  January 16, 2014

US District Judge Denise Cote has released the reasoning behind her ruling made earlier this week that denied Apple’s request to have its court-appointed monitor removed from the position after Apple complained the monitor had overstepped his authority.

Reports say Judge Cote ruled that Apple “failed to show” that it is in the public interest to remove the monitor and denied the company’s request to delay monitoring of its antitrust compliance; according to Judge Cote, there was no threat of “irreparable harm” to Apple with the monitor in place.

Further, the judge found it was in the public interest to keep the monitor, Michael Bromwich, in his position at the company because Apple caused “hundreds of millions of dollars in harm” for its collusion to fix eBooks prices, a finding that lead Judge Cote to establish an external monitor in the first place.

”If anything, Apple’s reaction to the existence of a monitorship underscores the wisdom of its imposition,” Judge Cote wrote.

The opinion, filed on Thursday in New York, said that if there is a dispute over the financial compensation paid to Bromwich, it is a matter that could be addressed to the court, but that Bromwich has not overstepped his authority.

Judge Cote indicated on Monday that she would deny Apple’s request to have the monitor removed.

Full Content: Wall Street Journal

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