Apple received some good news, as a federal appeals court granted the company a brief reprieve from the external e-books antitrust monitor imposed upon it as part of its antitrust case loss last year.
The 2nd U.S. Circuit Court of Appeals in New York granted Apple an “administrative stay” of the court order appointing the monitor, Michael Bromwich, while the company seeks permission for a longer stay during its appeal.
In a brief order, the 2nd Circuit said a three-judge panel would hear Apple’s motion for a stay pending appeal as soon as possible. It gave the government until Jan. 24 to file opposition papers. The government did not oppose the request for an administrative stay.
Apple filed a formal complaint in November of last year, alleging Bromwich was overreaching his boundaries and also protesting his “exorbitant” fees. Bromwich responded with a claim that Apple was hindering his investigations.
Apple formally requested the removal of Bromwich, however Judge Denise Cote declined, saying “Apple’s reaction to the existence of a monitorship underscores the wisdom of its imposition.”
Apple continues to pursue an appeal of Jude Cote’s original decision, and the appeals court will be the body to make a decision as to whether the antitrust monitoring should continue while the appeal is being heard.
