Biden to name Big Tech critic as top antitrust cop

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The White House said on Tuesday it would appoint Jonathan Kanter as the Justice Department’s top antitrust official, a move that would add another longtime critic of Big Tech and corporate concentration to a powerful regulatory post.

Mr Bidens is considering appointing Mr Kanter, an antitrust lawyer who has had a career representing small rivals of US tech giants, shows how the administration is siding with the growing number of lawmakers, researchers and of regulators who say Silicon Valley has gained inordinate power over how Americans talk to each other, buy products online, and consume news.

Mr Biden has appointed other Big Tech critics to leading roles, such as the appointment of Amazon critic Lina Khan as head of the Federal Trade Commission. Tim Wu, another lawyer who says regulators must crack down on tech giants, plays an economic policy role in the White House. And this month, Mr Biden signed an executive order aimed at increasing competition in the economy and limiting corporate dominance.

Mr. Kanter, 47, is the founder of Kanter Law Group, which markets itself online as an antitrust advocacy store. He previously worked for the law firm of Paul, Weiss, Rifkind, Wharton & Garrison.

If confirmed by the Senate, Kanter would head a division of the Justice Department that last year filed a lawsuit arguing that Google had illegally protected a monopoly on online search services. The agency’s antitrust division also asked about Apple’s business practices.

The news gained immediate approval from policymakers and advocacy groups, helping to lead the charge for tighter antitrust enforcement.

Senator Amy Klobuchar, the Democrat from Minnesota who heads the Judiciary Committee’s antitrust subcommittee, called Mr. Kanter an excellent choice, citing his deep legal experience and a history of advocating for aggressive action.

Sarah Miller, executive director of the American Economic Liberties Project, a progressive rights advocacy group, said in a statement that President Biden had made an excellent choice to head the DOJ’s antitrust division, noting that Mr. Kanter had dedicated his career reinvigorating antitrust law enforcement. .

The announcement is less likely to be greeted warmly by Wall Street traders who have helped drive M&A volumes to record highs, propelled in part by an exuberant stock market.

Washington’s review of acquisitions has spread beyond big tech deals that have made headlines to industries like agriculture and healthcare. Transactions in the pharmaceutical industry were heavily scrutinized in a report released earlier this year by Representative Katie Porter, a Democrat from California. The FTC announced in March that it is forming a group to update its approach to assessing the impact of drug deals.

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Update

July 20, 2021, 3:01 p.m. ET

In recent years, Mr. Kanter has built an unusual practice of criticizing the tech giants within Washington business law firms.

His services have attracted some of Big Tech’s most prominent critics in corporate America. He has worked for established clients like Rupert Murdochs News Corporation and Microsoft as well as start-ups like Spotify and Yelp.

But last year he left Paul Weiss, an elite corporate litigation firm, as his portfolio representing critics of tech giants conflicted with other work at the firm.

Jonathan made the move because of a complicated legal dispute that would have required him to end important and long-standing representations and relationships with clients, the firm said at the time.

Critics of Mr Kanters are likely to question whether his previous work is a conflict of interest that should keep him out of investigations into tech giants. Facebook and Amazon have both asked Ms Khan to withdraw from cases involving the FTC companies, even though her background is as a lawyer and not as a paid representative for their rivals.

When asked if Mr Kanter would recuse himself from cases involving Google and Apple, a White House official simply said the administration was confident it could move forward with his appointment given his expertise and its track record.

Even though Mr Kanter has the votes to confirm, it will likely be months before he takes over at the Justice Department. Congress takes a long hiatus in August, which could push its confirmation hearing past Labor Day.

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