A federal appeals court rejects the company’s latest bid to oust a court-appointed antitrust compliance monitor.


Apple has lost another bid to jettison the court-appointed monitor tasked with evaluating its antitrust policies.

On Thursday, the 2nd U.S. Circuit Court of Appeals in Manhattan rejected Apple's appeal to oust Michael Bromwich, the monitor appointed to oversee the company's compliance with antitrust law in 2013 after it was found liable for conspiring with major publishers to raise e-book prices and squeeze out competition from companies like Amazon.

The ruling is a clear disappointment for Apple, which has lambasted Bromwich for everything from trying to “set up shop in Apple's boardroom and executive offices” to his fee of $1,000 an hour.

In handing down his decision, Circuit Judge Dennis Jacobs did find fault with some of Bromwich's behavior — notably “the appearance of impropriety” when he submitted an affidavit for plaintiffs involved in a separate Apple case. “Bromwich's submission in conjunction with a litigant's brief was the opposite of best practice for a court-appointed monitor,” Jacobs wrote. Sadly for Apple, that's no reason for disqualification. The company's stuck with Bromwich until October.

Apple declined comment.

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