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Theodore Banks, Jun 30, 2015
Compliance monitors in antitrust cases are not as common as in other areas of enforcement, but the subject has received attention recently due to the controversy surrounding the judicially appointed monitor in the Apple eBooks pricing case. Much of what has been written about that case focuses on some unique considerations there, and, while it is hardly a representative situation, it does illustrate some of the “features” of a monitorship.
Before getting tied-up in Apple, it is worthwhile to take a step back and take a look at the customary role of a monitor, and, in my opinion, how a monitor can be very beneficial to a company as a way to resolve a government dispute and enhance a compliance program.