Big Tech Is Staring Down Another Antitrust Probe: Here's Who They've Got In-House
Facebook, Apple, Google and Amazon all have antitrust counsel on their in-house roster. Here's a look at the lawyers who could play a role in Big Tech's new DOJ antitrust probe.
July 24, 2019 at 04:26 PM
4 minute read
The U.S. Department of Justice is launching a probe into possible antitrust violations from four Big Tech companies, Apple Inc., Amazon.com Inc., Facebook Inc. and Alphabet Inc.'s Google, adding to growing competition law concerns for their in-house counsel.
None of the companies have yet taken the 2009 Intel approach—hiring an experienced DOJ antitrust division lawyer as general counsel—but all four have senior counsel or executives with that background. Those lawyers could play a key role in what happens next, though companies did not respond to requests for comment on what competition law work they'll be keeping in-house or if they're growing teams in response to Tuesday's probe launch.
Menlo Park, California-based Facebook is the most recent to publicly beef up its antitrust counsel team. In November the social media company snagged Kate Patchen, the DOJ's top Silicon Valley region antitrust enforcer. Patchen now serves as Facebook's director and associate general counsel of litigation, bringing with her more than a decade of DOJ antitrust experience.
Google also seems to have made recent efforts to up its internal antitrust counsel. The Mountain View, California-based search giant recently sought a competition compliance associate general counsel. In a job posting on LinkedIn, Google listed “experience in compliance and competition/antitrust” as a must.
The company did not respond to questions about the role, which is no longer open to applications. But Google already has an experienced antitrust lawyer on its staff. Washington, D.C.-based Kevin Yingling has served as Google's senior competition counsel for a decade, according to his LinkedIn profile.
Before joining Google in 2009, Yingling spent five years as a trial attorney for the DOJ's antitrust division. He more recently served as counsel for O'Melveny & Myers. Google opted to send Adam Cohen, the director of economic policy who does not have a law background, to testify in a House Judiciary Committee antitrust hearing last week.
Facebook sent head of global policy development Matt Perault, who earned a juris doctor at Harvard in 2008 but does not have any listed antitrust experience, to the hearing. Both Apple and Amazon, the only impacted company not based in California, sent their top in-house antitrust counsel.
For Apple, that's Kyle Andeer, the company's current vice president of corporate law and chief compliance officer. He's been with Cupertino, California-based Apple since 2010, when he joined as a director of competition law. Since then he's moved up the internal antitrust ranks, holding the vice president of competition commercial and international law position before moving into his current role.
Andeer has experience in the DOJ's antitrust division, where he spent nearly four years as a trial attorney, and the Federal Trade Commission. In June, Reuters reported the DOJ and FTC had divided antitrust oversight of Big Tech, with Apple and Google falling under the DOJ's watch.
Facebook and Amazon oversight went to the FTC, according to the report. Seattle-based Amazon's top antitrust in-house lawyer, associate general counsel for competition Nate Sutton, does not have an FTC background but spent more than nine years as a DOJ antitrust division trial attorney.
The representatives from all four companies at last week's hearing argued Big Tech does face competition and does not harm consumers with antitrust practices.
Yet the companies have faced increasing scrutiny at home and abroad. Congress opened a separate probe into Big Tech's possible antitrust violations in June. Last week the European Commission launched a probe into Amazon's competition practices. The commission has hit Google with more than $6 billion in antitrust violation penalties since 2017.
Update: Facebook announced it's facing a separate FTC antitrust investigation Wednesday afternoon.
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAggressive FTC May Force Merging Companies to Bolster Legal Defenses
4 minute readBest Legal Departments: How Blackstone's Legal and Compliance Team Got the All-Clear to Grow Business
CEOs Want Data-Based Risk Management; GCs Lack the Tech to Do So.
InCloudCounsel Hires First GC to Continue Expansion in Asia
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250