Apple Wins Temporary Stay from Appellate Court on Antitrust Monitor

| Analysis

Apple in CourtApple won a temporary stay on Tuesday that blocks the imposition of a court appointed antitrust monitor until Apple's full appeal can be heard by a three judge panel. Judge Raymond Lohier Jr. from the Second Circuit Court of Appeals in Manhattan also said that Apple's full appeal should be heard "as soon as possible."

The ruling is the first appellate ruling after Apple was convicted by Judge Denise Cote for being the ringleader of a conspiracy to raise ebook prices. In addition to Apple being prohibited from entering into the kinds of agreements with book publishers that led to the case, Judge Cote imposed a monitor named Michael Bromwich whose job was to oversee a broader antitrust reform within Apple.

While Apple is appealing its conviction, it is the monitor who has been the source of friction between Apple, the court, and the Department of Justice, which brought the case against Apple. The monitor has complained to Judge Cote that Apple is obstructing his work, while Apple has accused the monitor of engaging in a "broad and amorphous inquisition."

Apple asked Judge Cote to reign in her monitor, but in an expected decision, she declined to do so. She went further by writing, "If anything, Apple's reaction to the existence of a monitorship underscores the wisdom of its imposition."

Tuesday's appellate ruling is the first time a court outside of Judge Cote's has had anything to say on the matter, and while the stay that was issued was a temporary "administrative stay," it likely indicates the court's willingness to be persuaded by Apple's argument. That Judge Lohier wants the case heard as soon as possible is another indication.

That said, indications mean little until arguments from both sides are heard and the full three-judge panel has ruled. Reuters reported that the DOJ has not opposed the temporary stay, but that it has until January 24th to file any such opposition.

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Lee Dronick

Well this could get even more interesting.



The US legal system is based on adversarial proceedings.  I think all this ruling shows is Apple’s vast legal resources have finally out filed the department of justice.



This case does raise an interesting question. Can you be a ringleader of a conspiracy to do X when the result of the alleged conspiracy is -X. Apple is accused of conspiring to raise e-book prices but a link to one of your previous articles showed that the result was that prices went down. Apple was accused of masterminding an abusive cartel but the result was to break the stranglehold of an abusive near monopoly.

Looking at the DOJ’s accusations and the courts findings it appears that either Apple was either running one of the most inept criminal organizations in history, or Apple had no criminal intent in the first place. My bets are not of the former. Apple is far too shrewd to be that incompetent. Therefor I’m left with the latter option and the court got it wrong.


Ode to Misery & Shame
(On reprisal to follow Judge Cote)

At home alone Judge Cote cries,
All I wanted is Apple’s demise.
Now my friends think me a nut,
How did I enter this awful rut.

Apple retorts with law on its side,
Abide by the rules, ‘judge’ in disguise.
That justice is blind
Is true for all time
But your fingers are sticky
from your gain and your lies.

To lay out the bind
that follows your crime
Since slapping won’t do
For a trout such as you.
Spankings & dismissal
Be best in this quest–
& time in the hoosegow
For a rightful rest.

As judge you are not
For failing in heedin’,
that blindfold of justice
Is there for good reason.
Not for your pocket
Nor the palm of a friend-
Such is called treason
And to that, enough said.

Lee Dronick

Good one mhiki!


Well, thanks Lee. I can usually expect comment at the more enlightened TMO but over at AI, silence is deafening on my latest two opuses, as usual. But even the odd heathen can stretch to enlightenment, so centred I stay with the dust of possibility.



What you’ve written is so very true
The monitor and judge are stuck with glue
His back she scratches
Her back he matches
But the Appeals will likely say he withdrew


barryotoole, a fellow bard indeed put his pen to paper and a moment of time merged eternity with soul. Well done.
Were you ever a student of mine? Even the crustiest male put forth verses that melted hearts and cheered the soul. I like to think that all still write; even if only under sheets with torch clenched between teeth. smile


Here is what’s really going on. This is why the judge and DOJ are doing Amazon’s bidding.


Mhikl: wasn’t that fortunate to be your student!

Lee Dronick

1 in 5 teenagers will experiement with poetry.


Lee, better than experimenting with drugs and/pr alcohol. Also, mhikl and I are truly young at heart, still.

Lee Dronick

Same here Barry, though the rest of my body isn’t as young. As to writting poetry and for word play in general, I like the Rhyme iPad app.


I’m more of a rapper than a poet!!

Give me a beat.

mhikl is back.  mhikl is back.
mhikl is back.  mhikl is back.

mhikl is back, he’s back in the house,
as powerful as a lion and as meek as a mouse.

From TMO he took a short hiatus,
caused by posts from those that hate us,

His rhymes are wicked, words hop like a cricket.
Makes judges want to stick it and haters want to lick it.

I, for one, am glad he’s back
to a kinder TMO, and that’s a fact.

Before my rap becomes any denser,
I hope that Bryan doesn’t censor!

mhikl is back.  mhikl is back.
mhikl is back.  mhikl is back.

Word to your mother!!  Peace!!

RonMacGuy out…


What is one to say? Waves of thought and emotion cancel each other to produce speechless wonderment.

Great observations. Yes, Apple running one of the most inept criminal rings in history - that must be it. Thankfully, we have the triumvirate of the DOJ, Judge Cote and Michael Bromwich to save Apple from further self-injury. Now the Second Circuit Court of Appeals threatens to undo so much helpfulness. Heart-wrenching.

mhikl, barryotoole and RonMacGuy:
Great stuff, worthy of the Dead Poets Society.

My son will argue with you that Rap is poetry. Nicely done, sir. And I second your sentiment. It’s great to see the return of mhikl and his wicked wit.


wab95, thanks, and I agree with your son that some rap is poetry.  My daughters love the movie ‘Akeelah and the Bee’.  Cute movie.  At one point, Akeelah’s brother (who is trying to join a gang) is walking with Akeelah (who is trying to get him to help her study for the spelling bee).  The gang leader and a few members drive up and recognize Akeelah from all the news stories about her.  The gang leader tells Akeelah that he wrote some poetry once.  The brother laughs at that, and the gang leader gets upset and says, ‘What do you think rap is, fool?’  Great scene.  Laurence Fishburne is excellent in it.

TMO is back to normal!!  Let’s just hope that the hate stays away!!

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