Google accuses DOJ Antitrust Chief of ‘deep-seated bias’ before trial.
Google Alleges Bias Against DOJ’s Top Antitrust Prosecutor
Google has made serious allegations of bias against the Department of Justice’s (DOJ) top antitrust prosecutor in one of the ongoing antitrust cases it faces. The tech giant claims that Jonathan Kanter, the U.S. assistant attorney general for antitrust, has shown a clear bias against Google, which violates the company’s right to a neutral prosecutor.
“AAG Kanter’s deep-seated bias against Google—pre-judging Google even before he assumed public office—violates Google’s Due Process right to a neutral prosecutor,” Google said in the filing (pdf).
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Google argues that this alleged bias has tainted the entire proceeding. The court filing comes just days before the start of Google’s first federal antitrust trial. The case focuses on the DOJ’s claims of Google’s dominance in the ad tech market, which were initiated under the Biden administration earlier this year.
The DOJ is seeking at least $300 million in damages on behalf of eight federal agencies. However, Google questions the agency’s motivation for the lawsuit, stating that the federal agencies did not request the DOJ to file a complaint on their behalf. Google also highlights that the agencies only became aware of their participation in the litigation after the complaint was filed.
Google further contends that the DOJ’s investigation has primarily targeted prominent publishers and Google’s competitors in the ad tech industry. The tech giant points out that many of these entities were clients of Mr. Kanter during his time in private legal practice, where he advocated for antitrust cases against Google.
It is worth noting that Mr. Kanter recused himself from the case in April after Google hired his former employer, the law firm Paul Weiss Rifkind Wharton & Garrison LLP, to represent them.
Google’s argument revolves around Mr. Kanter’s extensive experience representing various tech companies, including rival Microsoft, before joining the DOJ. The company claims that his prior affiliations and public statements indicate a preexisting bias against Google’s compliance with antitrust laws.
In response to Google’s allegations, the DOJ stated in an August memo that the cases against Google were not driven solely by Mr. Kanter’s alleged bias. The DOJ emphasized that its investigation involved multiple assistant attorneys general hired between 2017 and 2021.
“Such an allegation also ignores the leadership and assistance of dozens of career prosecutors employed by the Antitrust Division,” the memo states.
Google’s battle against the DOJ’s antitrust case continues, with both sides presenting their arguments in court.
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