The fruity cargo cult Apple has once again proved it is above the law by managing to get a court to defer using a monitor to protect its customers from its anti-trust antics.
A court ordered Apple to work with a monitor after it was found guilty of running a cartel to jack up the price of e-books for its customers. Jobs’ Mob denied it had ever run a cartel and refused to work with the monitor Michael Bromwich even after it had been found guilty. When he complained to the court, as any good probation officer would, Apple claimed he was biased and demanded he was removed.
Now according to Reuters it seems that the US appeals court have backed Apple’s antics. It has given it a reprieve from an external monitor appointed to oversee its compliance with antitrust laws after the company had been found liable last July for conspiring to raise e-book prices.
The excuse is that Apple should not have to have a monitor while it is going through the appeal’s process. After all the appeal will prove that Apple is innocent and a monitor will never be appointed.
Oddly, the US Department of Justice did not oppose the short stay but said it will fight Apple’s effort to get rid of the monitor or else disqualify Bromwich. It has until January 24 to file opposition papers.
Apple has complained that Bromwich has been too intrusive, including by seeking interviews with top executives and board members, and has been charging an inflated $1,100 per hour for his services to rack up high fees.
However, it seems to have forgetten that it has broken the law and would not have to pay that fee if Steve Jobs had not formed an illegal cartel with the book publishers.
Apple moaned that Bromwich’s activities could interfere with its ability to develop new products which was dumb unless it was inventing new products which would create another price cartel.
Apple claimed that US District Judge Denise Cote in Manhattan, who in a non jury trial found the company liable for a price-fixing conspiracy with five major publishers, improperly granted Bromwich too much power.
However given that he has not been able to get Apple executives, or even talk to them about their anti-trust cartel we would have thought he did not have enough powers.