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US to NY court: Reject Apple's monitor challenge

Published on NewsOK Modified: January 24, 2014 at 6:01 pm •  Published: January 24, 2014
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NEW YORK (AP) — The Justice Department asked a federal appeals court Friday to let a monitor continue reviewing Apple's antitrust policies over the company's objections.

Government lawyers filed papers with the 2nd U.S. Circuit Court of Appeals in Manhattan, saying Apple Inc.'s arguments are without merit as the company tries to stop the monitoring it complains is "a roving investigation."

The monitor, Washington lawyer Michael Bromwich, was appointed for two years in October by a judge who concluded last summer that the Cupertino, Calif.-based company had colluded with book publishers in 2010 to raise electronic book prices.

An appeals court judge on Tuesday suspended the appointment until a three-judge panel decides if the monitor's work should continue. Arguments are scheduled for Feb. 4.

In its papers, the government noted that the Manhattan jurist who appointed the monitor did so only after Apple failed to show that a monitor was unnecessary.

"Almost immediately following the monitor's appointment, Apple began resisting his efforts to do his job," the government lawyers wrote. They said Apple so far has let the monitor conduct only 13 hours of interviews with 11 people, seven of whom are lawyers, and has provided the monitor with only 303 pages of documents.

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