DOJ’s Jonathan Kanter says the antitrust fight against Big Tech is just beginning
Feb 12, 2024
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Assistant Attorney General in charge of the Antitrust Division at the Department of Justice, Jonathan Kanter, discusses ongoing cases against tech giants, the concept of monopoly, the role of the advocacy policy arm of the Antitrust Division, and the importance of competition in fueling innovation and regulating big tech companies.
Enforcement of antitrust laws is crucial to promote healthy competition and prevent excessive consolidation in industries like tech and media.
The Department of Justice's antitrust division plays a vital role in challenging mergers, advocating for competition policy, and fostering public discourse around antitrust issues.
Deep dives
Importance of Competition and Antitrust Enforcement
Assistant Attorney General Jonathan Cantor discusses the importance of competition and antitrust enforcement in the United States. He emphasizes the role of the Department of Justice's antitrust division in enforcing laws to promote healthy competition and prevent anti-competitive conduct. Cantor highlights the need to preserve opportunities for various companies to compete and avoid excessive consolidation, especially in industries like tech and media. He also mentions the role of intermediaries and the challenges they pose when they become more powerful than the entities they intermediate.
The Structure and Functions of the Antitrust Division
Cantor provides an overview of the structure and functions of the antitrust division at the Department of Justice. He mentions that the division consists of enforcement lawyers, economists, data analysts, and support staff. The division focuses on civil antitrust enforcement, including mergers and monopolization investigations, criminal antitrust enforcement against price fixing and fraud, and advocacy for international coordination in competition policy. Cantor also notes the division's role in providing technical assistance to Congress on legislation and fostering public discourse around antitrust.
Key Cases and Victories in Antitrust Enforcement
Cantor discusses some notable cases and victories in antitrust enforcement. He highlights successful challenges against mergers, such as the Jeopardy-Spirits and Penguin Random House-Simon & Schuster cases. He mentions that abandoned transactions, deterrence, and the consideration of antitrust risk by companies considering mergers are positive outcomes of antitrust enforcement. Cantor expresses pride in the division's accomplishments and highlights the increasing accessibility and resonance of antitrust issues in society.
The Digital Markets Act and Observations on European Antitrust Enforcement
Cantor acknowledges the existence of the Digital Markets Act (DMA) in Europe and states that the United States is observing how companies comply with the DMA. He views the DMA as a valuable source of information that can inform U.S. antitrust remedies and decision-making. Cantor emphasizes the importance of studying the impact of the DMA and its enforcement on competition and the actions of companies in order to make informed decisions about U.S. antitrust enforcement.
Today, I’m talking with Jonathan Kanter, the Assistant Attorney General in charge of the Antitrust Division at the Department of Justice. Alongside FTC chair Lina Khan, Jonathan is one of the most prominent figures in the big shift happening in competition and antitrust in the United States. This is a fun episode: we taped this conversation live on stage at the Digital Content Next conference in Charleston, South Carolina a few days ago, so you’ll hear the audience, which was a group of fancy media company executives.
You’ll also hear me joke about Google a few times; fancy media execs are very interested in the cases the DOJ has brought against Google for monopolizing search and advertising tech — and Jonathan was very good at not commenting about pending litigation. But he did have a lot to say about the state of tech regulation, he and Khan’s track record so far, and why he thinks the concepts they’re pushing forward are more accessible than they’ve ever been.