Michael R. Bromwich

Apple has formally appealed the Department of Justice’s ebooks antitrust case, via the Associated Press. Previously, Apple has only officially complained about the power of the appointed monitor — now they are asking for the entire case to be re-evaluated.

Apple claims it was ignorant of any inter-publisher price fixing and that Apple setup iBooks through legal arrangements without knowledge of any behind-the-scenes collusion.

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Following Apple’s formal request last week that Michael Bromwich be removed from his role in ensuring the Cupertino company meets compliances set by the anti-trust ruling in last year’s ebooks trial, the Department of Justice has pushed back (via GigaOm) with a denial letter accusing Apple of ‘character assassination’.

Regrettably, it is now clear that Apple has chosen a campaign of character assassination over a culture of compliance. Apple could have been spending the past months working with the External Compliance Monitor with the ultimate goal of reforming its policies and training, and in the process change its corporate tone to one that reflects a commitment to abiding by the requirements of the antitrust laws. Instead, Apple has focused on personally attacking Mr. Bromwich, and thwarting him from performing even the most basic of his court-ordered functions.
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After earlier complaining that the company was being overcharged by the court-appointed lawyer overseeing its compliance with the terms of the ebooks anti-trust ruling, Apple has now brought matters to a head by asking for Michael Bromwich to be removed from the role, reports Reuters.

An attorney for the consumer technology giant on Tuesday asked U.S. District Judge Denise Cote in Manhattan to disqualify Michael Bromwich from serving as an external compliance monitor, arguing he had shown a personal bias against the company.

In a letter to Cote, Apple’s lawyer cited a “wholly inappropriate declaration” filed by Bromwich last month … 
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