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Chronicles

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Sources: DOJ cleared its antitrust chief Jonathan Kanter to oversee probes involving Google; Google had sought his recusal, citing his work with Yelp and others

Assistant Attorney General Jonathan Kanter's involvement had been paused and the Alphabet unit sought his recusal

Wall Street Journal

Context & Ripple Effects

Jonathan Kanter's path to running the DOJ's Google probes has been contested almost since he took office: the Senate confirmed the longtime Google critic as antitrust chief in November 2021, Google immediately questioned whether he could be impartial given his past work for Yelp and the News Media Alliance (its own challenge), and by mid-2022 he was barred from Google cases while the DOJ weighed formal recusal.

Today's reported clearance reverses that pause and hands oversight back to the one official whose career was built on anti-Google advocacy. The precedent cuts both ways: Kanter's predecessor Makan Delrahim had earlier recused himself from the DOJ's Google probe over past work for the company, so the DOJ has now tested conflict rules in both directions.

First-order effects

  • Kanter regains direct authority over the DOJ's active Google investigations, ending the interim arrangement under which he was walled off from them.
  • Google loses the recusal lever it has pressed since questioning Kanter's impartiality, and now faces an enforcer with a documented history of opposing it.

Second-order effects

  • With Kanter overseeing the probes, Google's calculus on contesting versus settling the DOJ's antitrust actions shifts, since the official shaping the government's position is one it failed to disqualify.
  • Yelp and other former Kanter clients gain renewed relevance in the case record, as Google will keep citing their ties to argue bias at every procedural opportunity.

Third-order effects

  • If the pattern holds, every major tech antitrust appointment becomes a two-sided conflict fight — companies scrutinizing enforcers' past clients just as enforcers screen for past representation of the target — raising the structural question of who is eligible to lead cases against either former clients or former adversaries.
  • The DOJ's willingness to clear Kanter despite the Delrahim recusal precedent suggests conflict standards may harden around actual case involvement rather than any prior professional contact with the target.

The trend: Big Tech antitrust enforcement is increasingly shaped by recusal battles over enforcers' client histories, with each clearance or bar redefining which past relationships disqualify a regulator.

Discussion

  • @joshua_sisco Josh Sisco on x
    Jonathan Kanter's clearance to work on Google matters at the DOJ antitrust division potentially paves the way for a lawsuit targeting the company's ad tech business in a matter of weeks https://www.politico.com/...
  • @jeffhauser Jeff Hauser on x
    BIG WIN FOR COMMON SENSE: The Justice Department has cleared top antitrust official Jonathan Kanter to oversee cases involving Google, empowering the critic of the search giant to work on a potential lawsuit https://www.wsj.com/...
  • @jamesvgrimaldi @jamesvgrimaldi on x
    After more than a year, @TheJusticeDept has cleared top antitrust official Jonathan Kanter to oversee cases involving Google, including a potential lawsuit. Kanter has drawn links between Google's ad-tech business and declining publisher revenues https://www.wsj.com/...
  • @jason_kint Jason Kint on x
    Making this argument is a near trick considering Google banks north of $200 billion as a dominant intermediary for these two parties it supposedly is increasing profits for... https://www.politico.com/... https://twitter.com/...