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back to article Apple fails to shake antitrust watchdog loose, receives judge slapdown

Apple has lost its bid to get rid of the antitrust monitor installed by the court after it was found guilty of conspiring to fix ebook prices. The fruity firm has complained about the chosen monitor, Michael Bromwich, more or less since he started, claiming that his fees are too high and that he's trying to do far more …

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  1. Anonymous Coward
    Anonymous Coward

    Apple's own law firm had a partner on the books with the highest billing rate in the country of $1,800 an hour.

    I wonder how much of this legal wrangling is at Apple's instigation, and how much is at the suggestion of their legal firm?

    "If I might suggest, we shouls complain to the court about this monitor, we might just get them to make it go away.... oh, that didn't work? Oh well, we can always appeal... By the way, here's my invoice for last months fees, if you could just sign at the bottom of page 128?...."

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    1. g e
      Reply Icon

      In other words

      It's worth up to an additional $1800/hr to Apple to make life difficult for the $1100/hr guy they don't like.

      Which in of itself both justifies the guy's $1100/hr rate and his being there.

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  2. Dr. Mouse

    Off topic, I know, but I am loving having the Dictionary of Numbers plugin on Chrome. It gives some insight into the figures...

    She pointed out that Apple's own law firm had a partner on the books with the highest billing rate in the country of $1,800 [≈ One Starbucks latte per day for a year] an hour.

    So for an hours work, they can afford a coffee from Starbucks every day for a year.

    Imagine if they worked for a whole day!

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    1. Eddy Ito
      Reply Icon

      Damn, that's some expensive burnt coffee. I hope there are enough of them in Apple's new circular orifice office.

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  3. ElReg!comments!Pierre

    Judges usually don't like to be played for fools

    Whining against a court-mandated remedy is not usually the best way to win the legal system's favours. Apple tried that in the UK with their infamous non-apology, and got slapped. They are trying again in the US, they just got slapped. They will appeal, and they will get slapped again. All it does is make them look like they don't give a fuck about court orders, which is usually not a good idea when your business model relies on heavy litigation tactics.

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    1. ratfox
      Reply Icon

      Re: Judges usually don't like to be played for fools

      It does seem strange to whine about this. I would have thought it was best to keep the whole episode as private as possible, instead of shouting to the world you have a court-appointed watchdog who is there just to make sure you toe the line.

      Especially complaining about the salary. Are they trying to get points with the general public by painting the guy as a one percenter? Even if the guy was a complete workaholic, they could save maybe 1 million a year if his salary was reduced. That's got to be irrelevant to Apple…

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    2. I ain't Spartacus Gold badge
      Reply Icon
      Happy

      Re: Judges usually don't like to be played for fools

      Don't annoy the judge old darling. Unless you're Rumpole of course...

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    3. VinceH
      Reply Icon

      Re: Judges usually don't like to be played for fools

      "All it does is make them look like they don't give a fuck about court orders"

      They don't... except when the court finds in their favour.

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      1. I ain't Spartacus Gold badge
        Reply Icon

        Re: Judges usually don't like to be played for fools

        There's nothing wrong with not giving a fuck about court orders. So long as you don't tell the judge! That tends to annoy them.

        If you then don't fully comply with their orders, they're likely to threaten you with contempt, and make things even worse for you. Best to keep the judge onside as much as possible. The only time it's worth pissing judges off normally, is when you're trying to influence a jury.

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  4. frank ly

    ... hardly surprising that "lawyers get paid a lot of money".

    I wish I'd studied law instead of engineering. I'm wondering if it's too late to retrain, since I've now lost the will to do anything good and creative in my life.

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    1. g e
      Reply Icon
      Joke

      No will to be Good or Creative

      Both of which are ample qualifications to retrain as a corporate lawyer ;o)

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    2. Ted Treen
      Reply Icon
      Go

      Re: ... hardly surprising that "lawyers get paid a lot of money".

      "...I've now lost the will to do anything good and creative in my life..."

      Then you're at least halfway qualified to be a lawyer.

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      1. Hellcat
        Reply Icon
        Joke

        Re: ... hardly surprising that "lawyers get paid a lot of money".

        "...I've now lost the will to do anything good and creative in my life..."

        All you need now is the briefcase.

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        1. Darryl
          Reply Icon

          Re: .All you need now is the briefcase.

          ...and to somehow get rid of that pesky conscience

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    3. I ain't Spartacus Gold badge
      Reply Icon
      Devil

      Re: ... hardly surprising that "lawyers get paid a lot of money".

      I'm wondering if it's too late to retrain, since I've now lost the will to do anything good and creative in my life.

      flank ly,

      Don't be downhearted! There are still many options you can pursue.

      Have you considered a career in accountancy?

      However, as your careers advisor, I have to warn you that accountancy and the law tend to require training. All that mucking about faking certificates and references is far too much like work. You're too old, cynical and worn down to want to waste your time doing that. Plus there's the danger that you might accidentally do some good work by instilling a sense of cynicism, futility and impending doom in the young people you encounter during your studies.

      So I recommend a career in PR or marketing. There's no risk of you accidentally doing anything good, renumeration can be huge, and no training (or skills) are required.

      Have fun in your new life!

      Oh, by the way, about my *ahem* fee. Just pop the brown envelope on the desk, there's a good chap... I believe we said about $1,800?

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  5. Anonymous Coward
    Anonymous Coward

    Back to the potting shed?

    Treat him like a weed,

    A potting shed with a bit of weed growing there will sut.

    Just watch out for them copyright breaking gesturing smoke signals.

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  6. pacman7de

    Apple's Objections of November 27 ..

    "it is unconstitutional for Apple to be investigated by an individual whose personal financial interest is for as broad and lengthy an investigation as possible. Mr. Bromwich’s extraordinary fee demand has already generated nearly 75% of a yearly judicial salary (almost $140,000) over the course of only two weeks"

    http://www.scribd.com/doc/188634760/USA-v-Apple-Apple-s-Objections-of-November-27

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    1. PaulR79
      Reply Icon

      Re: Apple's Objections of November 27 ..

      Quite. I'm sure they'd much rather be investigated by someone who only looks at what they're willing to have seen and paid as much as their cheap labour building iCrap. Unfortunately for you, Apple, this guy seems to be doing his job as fully as he can. The more you try to prevent him looking into things the longer it will take him and the more it will cost you in the long run. All the crying in the world won't do you any good. You were found guilty and now you're complaining that the punishment is too harsh.

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      1. Darryl
        Reply Icon

        Re: Apple's Objections of November 27 ..

        Plus there's the whole "The lady doth protest too much, methinks." angle... The more stonewalling and complaining they do, the more it looks like they have something to hide.

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  7. pacman7de
    Holmes

    Judge Cote pretrial comments ..

    "I believe that the government will be able to show at trial direct evidence that Apple knowingly participated in and facilitated a conspiracy to raise prices of e-books, and that the circumstantial evidence in this case, including the terms of the agreements, will confirm that."

    http://www.tuaw.com/2013/08/14/cnn-takes-a-closer-look-at-apple-e-book-judge-denise-cote/

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  8. Howard Hanek
    Gimp

    Government to Apple: "We are the Borg. Resistance is futile. You will be assimilated. We will add your distinctive biological and technological essence to our own." Followed by a barrage of IRS agents, EPA examiners, FTC bureaucrats, lawyers, image consultants, crisis management experts, journalists, financial advisers, and irate shareholders.

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  9. Fluffy Bunny
    Coat

    If I was that Bromwich guy, I would now up my fees to $1,800 per hour. After all, Apple just established that they are willing to pay it.

    Put the money in the back pocket.

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  10. JaitcH
    Thumb Down

    Apple ... foisted on it's own petard

    Not only do Apple employ the most expensive US attorney, but their in-house lawyers need fork-lift trucks to carry off all the share option bonuses they receive.

    No wonder Apple shareholders feel they are getting shafted, on occasion.

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  11. eldakka

    Perhaps if they co-operated with the watchdog he wouldn't have to spend so much time trying to investigate/interview staff members which is probably what's driving up his hours.

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  12. Anonymous Coward
    Anonymous Coward

    Someone remind me.

    How long did the Anti-trust law suit against IBM go on? Decades?

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