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Apple Gets Its E-Book Antitrust Monitor


The federal judge who found Apple guilty of colluding with five of the six largest publishers in the U.S. in an e-book price-fixing scheme has chosen the external antitrust compliance monitors charged with making sure the company doesn’t overstep the law again.

On Wednesday, U.S. District Judge Denise Cote tapped former federal prosecutor Michael Bromwich to supervise Apple’s antitrust compliance training program. Assisting him will be Barry Nigro, the chair of the antitrust department at law firm Fried Frank.

A former assistant U.S. attorney and Justice Department inspector General, Bromwich was part of the government’s trial team in the U.S. case against former Marine Corps lieutenant colonel Oliver North, and more recently headed up the Bureau of Ocean Energy Management, an agency established to monitor oil and gas development following the Deepwater Horizon oil spill.

Bromwich has plenty of experience in bringing reform, oversight and compliance to messy situations, but his antitrust background is a bit lacking. Indeed, as others have noted, he doesn’t really have one. Presumably that’s why Nigro was brought on to assist him. Prior to his stint at Fried Frank, Nigro served as deputy director for the Bureau of Competition at the Federal Trade Commission. His specialty there: Anticompetitive practices investigations and litigation.

Together, Bromwich and Nigro will oversee Apple’s internal antitrust compliance policies and employee training on them for the next two years. Hardly the sort of hardcore monitoring for which the DOJ had argued, but, in Cote’s words “enough to ensure that competition is restored and preserved.”

Apple, which had the right to object to both appointments, declined comment. Earlier this month, the company filed notice with the Second Circuit Court of Appeals in New York, announcing its intent to appeal Cote’s ruling.


  • Apple Doesn’t Want to Pay the Feds’ E-Book Lawyer $70,000 a Week
  • Apple Files Expected Appeal of E-Book Injunction
  • Apple’s E-Book Punishment Court Order is Final, and Not as Bad as Apple Feared
  • The Incredible Shrinking Apple E-Book Remedy
  • Apple Says DOJ’s E-Book Remedies Are Biased in Amazon’s Favor
  • DOJ Softens Proposed Apple Ebook Injunctions, Slightly
  • Apple Slams Feds’ Proposed E-Book Remedies as a “Draconian and Punitive Intrusion”
  • Apple’s Chances for an E-Book Ruling Appeal Are Lousy, Say Legal Scholars
  • Apple E-Books Ruling Won’t Do Much For Consumers
  • Apple Loses E-Book Antitrust Trial
  • Here’s Apple’s Closing Slide Deck in E-Book Case, and the DOJ’s, Too
  • Apple: It’s Time to Close the Book on DOJ’s E-Book Case
  • Steve Jobs, Winnie the Pooh and the iBook Launch
  • The Apple iBooks Origin Story
  • Apple’s Cue Says Publishers Pushed for Higher E-Book Prices
  • DOJ Misfires on Jobs Email in Apple E-Book Case – It Was a Discarded Draft
  • Is Steve Jobs Message a Smoking Gun in Apple E-Book Case?
  • Amazon Demanded Same Terms From Publishers For Which Apple is Now On Trial
  • Apple Says Differences in Publisher Deals Belie E-Book Conspiracy Charges
  • Apple Accuses DOJ of Unfairly Twisting Steve Jobs’s Words
  • Apple Says DOJ Is Trying to “Reverse Engineer a Conspiracy” in E-Books Case
  • Here’s the DOJ’s E-Book-Pricing Case Against Apple (Slide Deck)
  • Apple CEO Tim Cook: “The E-Book Case to Me Is Bizarre”
  • Judge in E-Book Pricing Case Thinks Apple’s Going Down; Apple Begs to Differ
  • Here’s That Steve Jobs E-Book Email to James Murdoch
  • Apple’s E-Book Argument: Deals With Publishers Improved Competition
  • DOJ Filing Calls Apple “Ringmaster” of E-Book Pricing Rise
  • Apple Alone Fighting DOJ E-Book Suit After Macmillan Settlement
  • Apple’s Cook Must Testify in E-Book Antitrust Suit

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This entry was posted on August 9, 2014 by in Monitor and tagged , , , , , , , , , , .


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