Kanter Discusses Possibilities for Additional DOJ Funding

access to investigatory documents. The committee will vote on his nomination and others later. Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., asked what Kanter would do with additional resources, citing her legislation to increase merger fees (see 2106250062). Kanter said he supports “appropriate funding” and would recommend more trial attorneys and more substantive expertise. Noting Tuesday’s hearing with the Facebook whistleblower (see 2110050062), Klobuchar asked if Kanter would support extending the same protections to civil cases granted to whistleblowers in criminal cases. Kanter said it’s extremely important that authorities have access to all relevant information. Monopolies can intimidate other companies, let alone individuals and, as a “general matter,” he supports ensuring authorities have access to the relevant information and witnesses, he said. Antitrust ranking member Mike Lee, R-Utah, cited some “disturbing trends” with antitrust law under this administration, specifically discussing the FTC’s withdrawal from the 2020 takeover guidelines, even though DOJ has retained them (see 2109150061). Lee cited the FTC reportedly asking combining parties about their environment, social and governance policies in antitrust cases and asked if Kanter would do the same at DOJ. The purpose of antitrust law is to protect competition and ESG policies unrelated to competition issues aren't related to antitrust enforcement, he said. Kanter called digital interoperability a critical principle for protecting competition.