Apple’s appeal to the courts to have its appointed antitrust monitor dismissed has been rejected, the The Wall Street Journal reports. Former Justice Department inspector general Michael Bromwich had been appointed to assess and oversee Apple’s antitrust compliance policies after the company was found liable in conspiring to raise e-book prices back in 2013. Since that time, Apple has been trying to have Bromwich dismissed, arguing that he has been exceeding the scope of his mandate, and that his fees were “exorbitant.” According to Bromwich, Apple has become uncooperative with the monitor in recent months, inappropriately limiting his access to necessary corporate records and denying requests for interviews with key personnel.
In a decision handed down earlier today, the Second U.S. Circuit Court of Appeals ruled unanimously that Bromwich’s role was “appropriately constrained” and noted that Apple can continue raising objections in the lower court if it believes Bromwich has overstepped his bounds. Mr. Bromwich’s role was clarified by the court in early 2014, in a decision which made it clear that Apple was required to cooperate with the antitrust monitor, but that his role was limited to ensuring that “Apple has policies in place to prevent future antitrust violations and that senior executives and board members understand them.” One of the judges in today’s decision further noted that Apple failed to follow the court-mandated dispute resolution process in dealing with the monitor, instead choosing to sit “on its hands, allowing issues with the monitor to fester and the relationship to deteriorate, mostly without the district court’s knowledge.”