DOJ: Court didn't abuse power by appointing Apple monitor



The US Department of Justice on Friday argued that a US court didn't abuse its power by naming an external monitor to oversee Apple's compliance with antitrust law and that an appeals court should deny Apple's motions to get rid of the monitor.

A federal appeals court on Tuesday had granted Apple's motion to hold off on having an external monitor to make sure it complies with antitrust laws, saying it would give Apple a reprieve until a panel can examine the issue.

The government, in an opposition filing Friday, said the court acted within its power to appoint a monitor. The lawyers said that Apple must show it will suffer "irreparable harm" if the monitorship isn't put on hold, and that a stay is in the public interest. However, the Justice Department argued that Apple can't show that the monitor behaved improperly, and if Apple could show that, the correct action would be replacing the monitor, not getting rid of a monitor entirely.

"In any event, the district court did not exceed its authority in ordering an external monitor for Apple or abuse its discretion in declining to disqualify the selected monitor," the government said. "Nor can Apple establish that it will be irreparably harmed by the monitorship. Finally, the public interest weighs firmly against any delay in the monitor's work."


However, a United States court of appeals for the second circuit on Tuesday gave Apple a temporary stay until a three-judge motions panel hears the request for a longer stay. The court said the motion for stay should be heard by the panel "as soon as possible." The US government had until the end of day on Friday to file its opposition to the motion for a stay.





Join the discussion

Conversation powered by Livefyre

Don't Miss
Hot Products
Trending on CNET


iPhone running slow?
