Mr. Kanter left Paul, Weiss in 2020. His rising ties to corporations that had aggressive complaints in opposition to Huge Tech corporations more and more introduced up conflicts of curiosity for the agency. Whereas Google just isn’t a Paul, Weiss consumer, Apple, for instance, is.
If he joins the Justice Division, the difficulty of conflicts would most likely be considered one of appearances slightly than one thing that might require Mr. Kanter to recuse himself from the Google case, authorized specialists say. It’s not a disqualifying battle, they are saying, as a result of the Justice Division’s function is as a prosecutor and Mr. Kanter just isn’t switching sides, simply turning into a Google adversary on behalf of the federal government.
However it might be a problem that Google raises when the go well with goes to trial. Equally, authorized specialists view Amazon’s request that Ms. Khan, an outspoken critic of the e-commerce big, recuse herself from F.T.C. investigations of the corporate as a public-relations tactic now — and maybe a problem to boost in court docket later.
The place Mr. Kanter would probably should recuse himself, they are saying, is that if the Justice Division investigated complaints in opposition to Microsoft, which he did symbolize as a company protection lawyer.
Microsoft, the goal of a federal antitrust go well with within the Nineteen Nineties, has largely escaped the scrutiny directed at its Huge Tech friends thus far. However final yr, Slack Applied sciences filed a criticism in opposition to Microsoft with the European Fee, arguing that the tech big illegally tied its collaboration software program, Microsoft Groups, to its dominant Workplace productiveness software program to attempt to crush Slack, an upstart rival.
“I believe Kanter’s prior expertise will probably be an asset, not a downside,” stated Charlotte Slaiman, competitors coverage director for Public Data, a shopper advocacy group.
Mr. Kanter first started learning Google at Microsoft’s behest, when Google’s deliberate acquisition of DoubleClick, an promoting tech firm, was being reviewed by the Federal Commerce Fee in 2007. Microsoft and Mr. Kanter argued that with DoubleClick, Google would have a strong instrument to leverage its sturdy place in search and search promoting into on-line show adverts — and that the merger must be blocked.