Apple to Court: Stop Monitor’s Unconstitutional Oversight
Apple (NASDAQ:AAPL) filed a motion in a Manhattan federal court on Thursday that seeks to halt the activities of the external compliance monitor that was appointed by the court after Apple lost its e-book price-fixing trial earlier this year, reports Fortune’s Roger Parloff. Apple’s latest filing follows a complaint that was filed on Thanksgiving Day that accused the court-appointed antitrust compliance monitor of gouging the tech company that he is supposed to be overseeing.
In its latest filing, Apple asked the court for “a stay of the monitor provision of the injunction while Apple’s appeal is heard by the Second Circuit.” As previously reported, Apple filed a notice of appeal in October against the antitrust guilty-verdict that the U.S. Department of Justice won in July. However, Apple will not have an opportunity to present its arguments until next year. In the meantime, Apple is concerned that the compliance monitor will do “irreparable injury” to the company.
“Even if Apple prevails on appeal, the two-year monitorship will be (at least nearly) completed by that point, and all the very real costs imposed on Apple and the harm and disruption to its business from Mr. Bromwich’s invasive investigation will have inflicted damage that neither Apple nor the Court will be able to undo,” wrote Apple in its filing. However, Apple is confident that it will eventually win its appeal because, “The injunction, especially as it is being interpreted and implemented by Mr. Bromwich as the Court’s agent, is flatly unconstitutional.”