Saying she wished to “intrude as little as possible” on Apple’s business, a federal judge said on Tuesday that she wanted to narrowly focus the company’s proposed punishment for illegal price fixing of e-books.
In a hearing in United States District Court in Manhattan, Judge Denise L. Cote rejected an argument by the Justice Department that the government should have broad oversight over Apple products like movies, music, television and apps.
“I want this injunction to rest as lightly as possible on the way Apple runs its business,” said Judge Cote, who added that it was her goal to complete a ruling next week.
The federal government sued Apple and five major publishers in April 2012, saying they worked together to raise the price of e-books as Apple prepared to open its iBookstore in 2010.
The ensuing trial included testimony from the chief executives of publishing houses, who recounted phone calls, private dinners and e-mails with Apple executives, which the government said were part of a conspiracy. Apple was found guilty in July. The company has said it will appeal.
Apple and the government met in court on Tuesday to review the details of the proposed injunction, which would require Apple to negotiate with publishers at defined intervals so that they were prevented from illegally conspiring again.
The Hachette Book Group, HarperCollins and Simon & Schuster settled with the government in April 2012; Penguin Group USA and Macmillan settled later. Penguin has since merged with the largest trade publisher, Random House, which was not part of the lawsuit.
The publishers said they had done nothing wrong.
Despite Apple’s objections, Judge Cote said on Tuesday that she would appoint an external monitor to review and evaluate Apple’s internal antitrust policies and procedures. The monitor would also evaluate an antitrust training program for some Apple employees that it is expected to put into place.
The training program, Judge Cote said, would ideally become “a model for American business.”
“I am hopeful that Apple will bring its culture of excellence and exceptionalism to this task,” Judge Cote said. “I trust it will make a sincere commitment to reform its culture.”
She suggested that Apple employees under the supervision of Eddy Cue, the company’s senior vice president for Internet software and services, would be expected to participate in the training program. Mr. Cue testified in the trial about his negotiations with publishers.
Theodore J. Boutrous Jr., a lawyer for Apple, said at the hearing that Apple believed it had “strong arguments” for its appeal.