The Senate approved Jonathan Kanter on Tuesday as a key antitrust official in the Department of Justice.
In a 68-29 vote, Kanter was greenlighted to serve as the United States assistant attorney general for the Antitrust Division — which has exclusive jurisdiction over criminal antitrust cases.
The New York Times explained that Kanter has a history of opposing Big Tech firms:
Mr. Kanter has fought Google and other tech giants for years — mostly as a lawyer representing rivals such as Microsoft, Uber, Yelp and News Corp. He joins other prominent critics of Silicon Valley in government roles, including Lina Khan, the chair of the Federal Trade Commission, who gained notoriety after writing a paper in law school arguing an antitrust theory against Amazon. Together, the two antitrust enforcers will lead landmark cases against Google and Facebook.
However, CNBC added that Kanter’s past work may complicate his role in the federal government:
As the DOJ’s new antitrust chief, Kanter will inherit a lawsuit against Google filed during the Trump administration. But it’s unclear if Kanter will recuse himself from the case, given his past work for Google rivals, including Yelp and Microsoft.
The DOJ has also reportedly looked into competition concerns around Apple. Kanter has done work for Spotify, which competes with Apple Music.
Kanter told lawmakers he would consult with ethics officials at the DOJ about recusal if confirmed. Still, he would be in position to appoint deputies that could assist his antitrust approach.
“Mr. Kanter is a distinguished antitrust lawyer with decades of experience in the public and private sectors,” said Senate Majority Whip Dick Durbin (D-IL). “He is a highly influential advocate for strong and meaningful antitrust enforcement — with a special focus on the digital economy. With his extensive experience, deep knowledge of the law, and masterful understanding of the challenges facing antitrust law enforcers, Mr. Kanter will be an outstanding addition to the Justice Department.”
As The Daily Wire previously reported, Lina Khan — a 32-year-old Columbia University law professor — was confirmed in June to lead the Federal Trade Commission, which carries out the federal government’s enforcement of antitrust and consumer protection laws. Some Republicans — such as Sen. Ted Cruz (R-TX) — approved her hawkish approach toward regulating technology firms.
As Silicon Valley companies have accrued market share, both progressives and conservatives have called for harsher federal antitrust action. Earlier this year, several lawmakers — including Rep. Pramila Jayapal (D-WA) and Rep. Ken Buck (R-CO) — introduced a package of five bills that would break up companies like Apple, Google, and Amazon.
“Not only is self-regulation by Big Tech patently ineffective, but it also comes at the direct expense of workers, consumers, small businesses, our local communities, and the free press,” said Jayapal. “From Amazon and Facebook to Google and Apple, it is clear that these unregulated tech giants have become too big to care and too powerful to ever put people over profits.”
Buck added: “Big Tech has abused its dominance in the marketplace to crush competitors, censor speech, and control how we see and understand the world.”