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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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