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Jonathan Kanter

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Jonathan Kanter
United States Assistant Attorney General for the Antitrust Division
Assumed office
November 16, 2021
PresidentJoe Biden
Preceded byMakan Delrahim
Personal details
Born
Jonathan Seth Kanter

(1973-07-30) July 30, 1973 (age 51)
New York City, New York, U.S.
EducationUniversity at Albany, SUNY (BA)
Washington University in St. Louis (JD)

Jonathan Seth Kanter[1] (born July 30, 1973) is an American antitrust attorney who has served as assistant attorney general for the Department of Justice (DOJ) Antitrust Division since November 16, 2021. Prior to this, Kanter worked as an antitrust attorney at the Federal Trade Commission (FTC) and in private practice.

Considered a critic of Big Tech, Kanter is closely associated with the anti-monopolistic New Brandeis movement.[2][3] As assistant attorney general, Kanter has worked with FTC chair Lina Khan on efforts to reform federal merger guidelines.[4] In 2022, the FTC and the DOJ blocked a record number of mergers on anti-trust grounds.[5] During his tenure, the DOJ won its first conviction in a criminal monopolization suit in four decades.[6]

Early life and education

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Kanter was born July 30, 1973, in Queens, New York City to elementary school teachers.[7][8] Kanter's paternal grandfather was an immigrant from Ukraine who worked as a professional plumber. Kanter keeps his citizenship papers in his office.[9]

He graduated from the State University of New York at Albany in 1995 with a Bachelor of Arts. He then attended the Washington University School of Law, graduating in 1998 with a Juris Doctor degree.[10]

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After graduating from law school, Kanter first worked as an antitrust lawyer at the Federal Trade Commission (FTC) from 1998 to 2000. Kanter later worked in private practice, where he represented clients including Microsoft and Yelp.[11] From 2000 to 2007, he was an associate at Fried, Frank, Harris, Shriver & Jacobson.

Kanter was a partner at Cadwalader, Wickersham & Taft from 2007 to 2016, then at Paul, Weiss, Rifkind, Wharton & Garrison from 2016 to 2020. In 2020, he left Paul, Weiss and founded his own law firm, The Kanter Law Group, where he worked until his appointment in 2021 to lead the Justice Department's Antitrust Division.[7]

Assistant Attorney General

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Selection and confirmation

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According to Politico, Kanter's selection "came after the longest delay for a nominee to lead the office in modern history," following months of speculation surrounding his eventual nomination.[12] On July 20, 2021, Kanter was formally nominated to serve as assistant attorney general in the Department of Justice Antitrust Division.[13] His nomination was endorsed by nine former assistant attorneys general for the Antitrust Division, including Makan Delrahim, who served in the position under Donald Trump.[14]

On October 6, 2021, a hearing on his nomination was held before the Senate Judiciary Committee.[15] On October 28, 2021, his nomination was favorably reported out of committee.[16] On November 16, 2021, Kanter was confirmed by the United States Senate in a 68–29 vote, and was sworn in the same day.[17][18]

Tenure

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Kanter and Kenneth Polite in 2022 with South Korean Minister of Justice Han Dong Hoon

As assistant attorney general, Kanter has collaborated with FTC Chair Lina Khan on efforts to reform federal merger guidelines. This has been described as a signal that both agencies are set to intensify their scrutiny of large mergers.[19]

According to The National Law Journal, Kanter has largely chosen DOJ and other government officials for staffing positions at the Antitrust Division, which differs from his predecessors, who primarily chose former BigLaw attorneys for these roles.[20] To assist the DOJ as it scrutinizes anti-competitive behavior in digital markets, Kanter has announced that the division will hire more data analysts and other technology experts.[21]

Under Kanter, the DOJ successfully got its first conviction in a criminal monopoly case in over four decades.[6] As assistant attorney general, Kanter presided over the DOJ's first-ever victory in a case over criminal enforcement of labor antitrust violations.[22] In 2024, the DOJ Antitrust Division began scrutinizing the artificial intelligence (AI) market over monopolization concerns.[23] In a 2024 interview, Kanter warned companies to avoid engaging in anti-competitive algorithmic pricing.[24]

Notable cases

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Following a DOJ antitrust suit, JetBlue's attempted acquisition of Spirit Airlines was terminated in October 2023.[25] The New York Times described Kanter as 'the trustbuster who has Apple and Google in his sights" in 2024.[26]

During his time as head of the DOJ Antitrust Division, the DOJ launched a second antitrust lawsuit against Google in 2023, with the suit targeting the company's adtech practices.[27] The DOJ launched an antitrust suit against Apple Inc. in 2024 that accused the company of engaging in anti-competitive practices to deter consumers from switching to other devices.[26]

In May 2024, the DOJ filed an antitrust lawsuit against Ticketmaster parent company Live Nation Entertainment. Upon filing the lawsuit, Kanter stated that "Live music should not be available only to those who can afford to pay the Ticketmaster tax".[28]

Scrutiny of interlocking directorates

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During his time in office, Kanter has intensified scrutiny of anti-competitive interlocking directorates, in which an individual serves on the boards of competing companies in the same industry. Legal analysts have noted that section 8 of the Clayton Antitrust Act of 1914 forbids individuals from simultaneously holding director positions in companies in competition with each other, but that this law has largely been unenforced over the past century.[29]

In October 2022, renewed scrutiny of anti-competitive interlocking directorate agreements led to the resignation of seven directors at five companies.[30] As part of the DOJ's scrutiny of private equity firms, it was reported that the department is investigating potential violations by firms including Blackstone and Apollo Global Management.[31]

Google recusal effort

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Main article: United States v. Google LLC (2020)

Following Kanter's inauguration, Google wrote to the DOJ to request Kanter's recusal from the United States v. Google search antitrust case. According to The New York Times, Google's complaint centered on Kanter's past criticism of the company's business practices, which Google considered proof of his lack of impartiality in the case, as well as his past representation of Google competitors.[32] Google's request for recusal was criticized as lacking legal basis by Laurence Tribe, professor emeritus at Harvard Law School, as well as by Senator Elizabeth Warren, who accused Google of trying to "bully law enforcement."[8]

In May 2022, it was reported that Kanter would be temporarily barred from participating in antitrust scrutiny of Google until the DOJ decides if he must ultimately recuse himself.[33] In response, a coalition of 28 advocacy groups wrote in favor of allowing Kanter to continue his participation in the case.[34] According to a June 2022 report in The Daily Beast, the decision of whether to allow Kanter to participate in United States v. Google would fall on Vanita Gupta, associate attorney general.[35]

In January 2023, it was reported that Kanter would be cleared to continue to work on DOJ cases involving Google.[36]

Political views

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Throughout his career, Kanter has been a critic of Big Tech.[37][38] Kanter has questioned the value of the dominant "consumer welfare standard" in antitrust policy, arguing that the purpose of antitrust enforcement "is not to decide what is maximally efficient, but to enforce the law".[39]

Kanter has been described as being associated with the anti-monopolistic New Brandeis movement alongside FTC chair Lina Khan and National Economic Council (NEC) advisor Tim Wu.[2][3] Kanter's approach to antitrust enforcement has been criticized by former Secretary of the Treasury Lawrence Summers.[40]

See also

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References

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  1. ^ "UNITED STATES SENATE COMMITTEE ON THE JUDICIARY QUESTIONNAIRE FOR NON-JUDICIAL NOMINEES - Jonathan Kanter" (PDF). United States Senate.
  2. ^ a b Sammon, Alexander; Dayen, David (July 21, 2021). "The New Brandeis Movement Has Its Moment". The American Prospect. Retrieved July 25, 2022.
  3. ^ a b Schlesinger, Jacob M. (August 27, 2021). "The Return of the Trustbusters". Wall Street Journal. ISSN 0099-9660. Retrieved July 25, 2022.
  4. ^ Feiner, Lauren (January 18, 2022). "FTC, DOJ seek to rewrite merger guidelines, signaling a tougher look at large deals". CNBC. Retrieved January 20, 2022.
  5. ^ "FTC's Khan and DOJ's Kanter Beat Back Deals at Fastest Clip in Decades". Bloomberg.com. December 18, 2023. Retrieved December 25, 2023.
  6. ^ a b Nylen, Leah (October 31, 2022). "DOJ Gets Conviction in First Criminal Monopoly Case in Decades". Bloomberg. Retrieved November 5, 2022.
  7. ^ a b "Questionnaire for Non-Judicial Nominees" (PDF). United States Senate Committee on the Judiciary. Retrieved November 8, 2021.
  8. ^ a b Palma, Stefania (June 3, 2022). "A 'once-in-a-century inflection point': DoJ's antitrust chief on curbing corporate power". Financial Times. Retrieved December 22, 2022.
  9. ^ Michaels, Dave (January 29, 2023). "DOJ Suit to Break Up Google Was Years in the Making for Antitrust Chief". The Wall Street Journal. Retrieved January 30, 2023.
  10. ^ "President Biden Announces Jonathan Kanter for Assistant Attorney General for Antitrust". The White House. July 20, 2021. Retrieved July 20, 2021.
  11. ^ Zakrzewski, Cat; Pager, Tyler (July 20, 2021). "Biden to nominate Big Tech adversary Jonathan Kanter to helm the Justice Dept.'s antitrust division". Washington Post. Retrieved December 22, 2022.
  12. ^ Khardori, Ankush (December 14, 2021). "Opinion | It Took Forever to Get Confirmed. Now All He Has to Do is Fix All of Antitrust Law". POLITICO. Retrieved December 22, 2022.
  13. ^ Feiner, Lauren (July 20, 2021). "Biden to nominate Google critic and progressive favorite Jonathan Kanter to lead DOJ Antitrust Division". CNBC. Retrieved January 30, 2023.
  14. ^ Feiner, Lauren (September 24, 2021). "Nine former DOJ antitrust chiefs urge Senate to confirm Jonathan Kanter as antitrust head". CNBC. Retrieved October 5, 2021.
  15. ^ "Nominations". Washington, D.C.: United States Senate Committee on the Judiciary. October 6, 2021.
  16. ^ "Daily Digest: Thursday, October 28, 2021". www.congress.gov. Retrieved November 8, 2021.
  17. ^ "On the Nomination (Confirmation: Jonathan Kanter, of Maryland, to be an Assistant Attorney General)". US Senate. Retrieved April 2, 2022.
  18. ^ "U.S. Senate confirms Google critic Kanter to head Justice Dept Antitrust Division". Reuters. November 17, 2021. Retrieved November 17, 2021.
  19. ^ Kang, Cecilia; McCabe, David (July 19, 2023). "Biden Administration Unveils Tougher Guidelines on Mergers". The New York Times. ISSN 0362-4331. Retrieved June 24, 2024.
  20. ^ Goudsward, Andrew Goudsward (August 22, 2022). "DOJ Antitrust Chief, a Veteran of Big Law, Keeps Distance From Defense Bar". The National Law Journal. Retrieved December 22, 2022.
  21. ^ Fung, Brian (March 6, 2023). "DOJ will hire more data experts to scrutinize digital monopolies, antitrust chief says | CNN Business". CNN. Retrieved March 14, 2023.
  22. ^ Papscun, Dan (October 27, 2022). "DOJ Notches First No-Poach Win With Staffing Firm's Sentencing". Bloomberg Law. Retrieved November 5, 2022.
  23. ^ Ingram, David (May 30, 2024). "DOJ antitrust chief warns AI companies that they must fairly compensate artists". NBC News. Retrieved June 24, 2024.
  24. ^ Hirsch, Lauren; Kessler, Sarah (June 22, 2024). "Going After the Middleman". The New York Times. ISSN 0362-4331. Retrieved June 24, 2024.
  25. ^ "Office of Public Affairs | Justice Department Statements on JetBlue Terminating Acquisition of Spirit Airlines | United States Department of Justice". www.justice.gov. March 4, 2024. Retrieved June 24, 2024.
  26. ^ a b McCabe, David (March 22, 2024). "The Trustbuster Who Has Apple and Google in His Sights". The New York Times. ISSN 0362-4331. Retrieved June 24, 2024.
  27. ^ "Office of Public Affairs | Justice Department Sues Google for Monopolizing Digital Advertising Technologies | United States Department of Justice". Department of Justice. January 24, 2023. Retrieved June 24, 2024.
  28. ^ Durkin Richer, Alanna; Grantham-Philips, Wyatte (May 23, 2024). "Government sues Ticketmaster owner and asks court to break up company's monopoly on live events". AP News. Retrieved June 24, 2024.
  29. ^ Demblowski, Denis (November 4, 2022). "ANALYSIS: DOJ Is Shaking Up World of Interlocking Directorates". Bloomberg Law. Retrieved December 22, 2022.
  30. ^ "U.S. says seven board directors resigned under antitrust pressure". Reuters. October 19, 2022. Retrieved November 4, 2022.
  31. ^ Nylen, Leah; Lim, Dawn (October 28, 2022). "Private Equity Firms Probed by US on Overlapping Board Seats". Bloomberg. Retrieved November 4, 2022.
  32. ^ McCabe, David (November 19, 2021). "Google questions if the new Justice Department antitrust boss can be impartial". The New York Times. ISSN 0362-4331. Retrieved December 22, 2022.
  33. ^ Nylen, Leah (May 10, 2022). "Antitrust Chief Barred From Google Cases Amid Recusal Push". Bloomberg. Retrieved December 22, 2022.
  34. ^ Nylen, Leah (May 16, 2022). "DOJ's Kanter Shouldn't Be Recused on Google Cases, Advocates Say". Bloomberg. Retrieved December 22, 2022.
  35. ^ Bredderman, William (June 13, 2022). "DOJ Antitrust Honchos Drew Millions From Google-Backed Groups". The Daily Beast. Retrieved December 22, 2022.
  36. ^ Sisco, Josh (January 13, 2023). "DOJ antitrust chief cleared to oversee Google probes". POLITICO. Retrieved January 14, 2023.
  37. ^ Hirsch, Lauren; McCabe, David (July 20, 2021). "Biden to Name a Critic of Big Tech as the Top Antitrust Cop". The New York Times. ISSN 0362-4331. Retrieved July 20, 2021.
  38. ^ Grim, Ryan (April 28, 2021). "Top Contender for Justice Department Antitrust Post Took Partisan Approach to Google Cases". The Intercept. Retrieved July 20, 2021.
  39. ^ Abarinova, Masha (December 6, 2019). "Advocates for Antitrust Enforcement Say Consumer Welfare Standard Only One Layer of Competition Law". Retrieved September 9, 2021.
  40. ^ Nichols, Hans (May 24, 2022). "Larry Summers' new inflation target: Biden's "hipster" antitrust policies". Axios. Retrieved December 22, 2022.
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