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MLex Market Insight

Platforms demand recusal of FTC, DOJ antitrust officials; and Facebook’s power of redaction

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 21 January 2022

⏱️ 17 minutes

🧾️ Download transcript

Summary

Amazon, Facebook and Google are on a mission: to ensure that the United States Federal Trade Commission Chair Lina Khan and Department of Justice antitrust division head Jonathan Kanter recuse themselves from key decisions affecting the digital platforms. Why? Because, they argue, the two officials’ past work and public utterances mean they’re incapable of overseeing their agencies’ investigations impartially. But a court ruling is suggesting the tech giants may be facing an uphill battle. Also on today’s podcast: Facebook’s 2019 settlement with the FTC included a commitment to make changes to its privacy compliance structure and carry out internal privacy assessments. But what’s in those assessments? We may never know, with a US Supreme Court ruling on the US’s Freedom of Information Act allowing Facebook — or Meta Platforms, as it’s now known — to demand heavy-handed redactions of FTC documents.

Transcript

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0:00.0

Welcome back to another podcast from Emlex, your best friend in the world of regulatory affairs.

0:16.2

My name is James Panicki. I'm a senior editor with Emlex's Asia-Pacific operations, and it's great to be with

0:22.2

you yet again. This week, there's simply too much tech news out of the United States for us to

0:27.5

ignore. In around 10 minutes' time, Mike Swift will join us from our San Francisco offices,

0:32.7

and he'll bring us more on the intriguing story of the compliance by Meta or Facebook as it was then

0:39.0

with the terms of the US Federal Trade Commission's 2019 privacy settlement. It's a story of

0:45.6

compliance and redacted documents and there's plenty to talk about. First up though, big tech's

0:52.5

efforts to get FTC Chair Lena Khan and the Department

0:56.4

of Justice Antitrust Division head Jonathan Cantor to recuse themselves from scrutinising

1:02.6

digital giants has run into trouble. Amazon, Facebook and Google believe that the two officials

1:09.0

past work and past public utterances have made them

1:13.0

incapable of overseeing their agency's investigations impartially.

1:18.3

But a US judge doesn't appear to have bought that argument.

1:22.4

So what is going on?

1:24.2

Well, who better to ask than Max Filion, one of Mlex's intrepid antitrust reporters,

1:29.6

who's based in Washington, D.C. And Max, firstly, maybe can you explain the reasoning

1:36.4

behind Big Tech's recusal requests? Sure. So they basically wrote petitionsitions both to the DOJ and the FTC saying that, uh,

1:49.1

their leaders that would be chair, Lena Kahn, uh, an assistant attorney general,

1:53.8

Jonathan Cantor, uh, have prejudged the outcomes of, uh, you know, their investigations or, or cases against them. They're all at sort of

2:03.3

different points. But they cited Chair Kahn's past work for the House Antitrust Subcommittee

2:10.6

and AIG Cantor's past work advocating for clients that wanted to see the Google case brought and said that

2:21.3

that work had negated their ability to be impartial in overseeing the cases.

...

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