Biden Appoints Google Critic to Lead DOJ Antitrust Division

Biden Administration Intensifies Scrutiny of Tech Giants

The Biden administration further solidified its dedication to regulating major technology companies on Tuesday. This was demonstrated by the nomination of Jonathan Kanter, a known critic of Big Tech, to head the Justice Department’s antitrust division.

Kanter’s Background and Expertise

Kanter is an attorney with extensive experience representing smaller businesses, such as Yelp, in antitrust litigation against Google. Currently, he operates his own law firm specializing in advocating for robust antitrust enforcement at both the state and federal levels.

The White House press release highlighted Kanter’s career-long advocacy for strong antitrust enforcement and competition policy. This nomination was welcomed by progressive groups, and notably, some of Biden’s antitrust appointees have garnered bipartisan support.

Existing Antitrust Case Against Google

The Justice Department is already pursuing a significant antitrust lawsuit against Google. Initiated under the Trump administration, the suit alleges that the company illegally maintains monopolies through anti-competitive practices within the search and search advertising sectors.

Should his nomination be confirmed, Kanter would be in a key position to lead the DOJ’s ongoing case against Google. He has previously articulated concerns about the company’s business strategies.

Kanter’s Critique of Google’s Practices

In a 2016 opinion piece published by the New York Times, Kanter asserted that Google consistently employs anti-competitive tactics to preserve its market dominance. He specifically noted the company’s pattern of releasing free, ad-supported products and subsequently employing “discriminatory and exclusionary practices” to stifle competition.

Broader Trend of Big Tech Criticism in Biden Administration

Kanter’s appointment is part of a larger trend of placing prominent Big Tech critics in influential regulatory positions within the Biden administration. Last month, Lina Khan, a vocal critic of Amazon, was named FTC chair.

Furthermore, in March, Biden appointed Tim Wu, a Columbia law professor and noted Big Tech critic, to the National Economic Council as a special assistant focused on technology and competition policy.

Preparing for a Major Federal Challenge

These appointments suggest the Biden White House is preparing for a substantial federal confrontation with Big Tech companies. While Congress is considering legislation targeting these companies, the administration intends to utilize its own regulatory authority through the FTC and DOJ.

Review of Section 230

The White House has also confirmed it is “reviewing” Section 230 of the Communications Decency Act. This law currently shields platforms from legal responsibility for content posted by their users.

This review indicates a potential shift in how platforms are held accountable for user-generated content, adding another layer to the administration’s efforts to regulate the tech industry.