Donald Trump’s nomination of Matt Gaetz to serve as US attorney general could spell trouble for Google and other Big Tech giants accused of maintaining monopolies.
Gaetz’s confirmation of the former GOP congressman as the nation’s top law enforcement officer is far from a sure thing. The president-elect’s nomination of Gaetz — who faced a House Ethics Committee investigation into allegations of sexual misconduct and drug use — reportedly shocked many Republican lawmakers.
However, if confirmed, Gaetz would have major influence on the DOJ’s handling of pending antitrust cases against companies such as Google, led by CEO Sundar Pichai, and Apple, led by Tim Cook.
Gaetz, 42, is considered one of the GOP’s toughest lawmakers on antitrust issues. A vocal critic of Google in particular, Gaetz has repeatedly called over the years to crack down on Big Tech firms — once referring to them in 2021 as “Internet hall monitors” who engaged in censorship. and suppression of conservative views.
“Gaetz as AG means that Trump’s second term will see continued and unabated aggressive antitrust enforcement against Big Tech firms that began in Trump’s first term and continued through Biden,” a source said. technology policy insider for The Post. “It’s good news for small tech, but bad news for Tim Cook and Sundar Pichai.”
Trump has recently expressed reluctance to break up Google — arguing that it would benefit China. However, he remains a major critic of the company and has said he would “do something” to make sure Google is “fairer”.
A DOJ led by Gaetz could continue to pursue aggressive behavioral remedies against Google that would upend its business model without seeking a forced separation, according to Brendan Benedict, an antitrust litigator at the Benedict Law Group.
Most of the proposed remedies recently outlined by the DOJ in the Google search case are focused on changing business practices rather than cutting out parts of the company itself, Benedikti added.
“I would expect DOJ Trump and the FTC to be a little more lenient in their review of mergers and change the policy regarding clearing mergers,” Benedict said. “But I think enforcement actions against Big Tech — and Google in particular — will continue.”
During a House Judiciary Committee hearing last November, Gaetz praised Justice Department antitrust chief Jonathan Kanter — a Biden appointee — for bringing two major antitrust lawsuits against Google.
“I think you’re doing a good job, and that’s a painful admission for me to make for anyone who works at the Department of Justice — an entity that I believe has been victimized by political capture,” Gaetz said during the hearing. . .
Gaetz added that he was “perhaps just as concerned about Google’s monopoly power” and referred to “powerful monopolies that can define the very nature of truth” as “a threat to the republic.”
A federal judge ruled in August that Google has an illegal monopoly over Internet search and will rule on possible remedies next summer, well into Trump’s term in office.
A second Justice Department case targeting Google’s alleged monopoly over digital ad technology is scheduled to hold closing arguments later this year. The DOJ case against Apple, which centers on the company’s alleged efforts to ensure the iPhone’s dominance of the smartphone market, has yet to proceed to trial.
In August, Gaetz and Sen. Mike Lee (R-Utah) sent a letter to Pichai warning the company to comply with any court ruling related to its illegal monopoly over Internet search.
“If we observe any attempt by Google to evade a court-ordered remedy, we will be vigilant in pursuing any and all remedies necessary to hold your company accountable,” the letter said.
Gaetz also supported the efforts of former Rep. Ken Buck (R-Colo.) and former Rep. David Cicilline (D-RI) will pass a highly publicized bipartisan package of six antitrust bills last Congress.
The Florida Republican is a self-described “Khanservator” — or one of a handful of GOP lawmakers who have praised the outgoing FTC chairman’s aggressive enforcement tact at the agency. At one point, Gaetz interviewed Khan on his Newsmax show.
“I would hope that whoever is the next chairman of the FTC will continue many of the cases that Chair Khan has brought against predatory businesses,” Gaetz told the Wall Street Journal last month.
Khan is expected to leave office in January after Trump’s inauguration. Her term as FTC chair officially expired in September.
Earlier this year, Gaetz filed a legal brief supporting the FTC’s ban on businesses requiring employees to sign non-compete agreements.
He has also teamed up with the Democratic MP. Alexandria Ocasio-Cortez on a measure that blocks lawmakers from owning stocks.
On Wednesday, House Speaker Mike Johnson said Gaetz had resigned from Congress “effective immediately” after his appointment.
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