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Upsetting the Apple Cart?
Observers of federal compliance monitors are accustomed to seeing them appointed after negotiation, commonly by deferred prosecution agreements (DPAs) in criminal matters or by consent decrees in civil matters. The monitorship in the Apple e-books antitrust case is a notable exception, in that the monitor, Michael Bromwich, was appointed by injunction after trial. The litigation surrounding the Apple monitor's appointment illustrates pitfalls that can arise when monitoring relationships become adversarial, and it provides useful guidance for the future.
The Case
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