Jonathan Kanter Confirmed as DOJ Antitrust Chief After Longest Delay in Modern History

The U.S. Senate confirmed Jonathan Kanter as Assistant Attorney General for the Antitrust Division of the Department of Justice by a bipartisan vote of 68-29 on November 16, 2021, and he was sworn in the same day. Kanter’s confirmation came after the longest delay for a nominee to lead the office in modern history, following months of intense corporate lobbying against his appointment. Kanter built his career representing companies challenging Big Tech monopolies, including Yelp and Microsoft in their battles against Google. His nomination was endorsed by nine former assistant attorneys general for the Antitrust Division, including Makan Delrahim, who served under Trump. Together with FTC Chair Lina Khan, Kanter represented the Biden administration’s commitment to aggressive antitrust enforcement and a rejection of the consumer welfare standard that had dominated for four decades. The pair became known as ’neo-Brandeisian’ enforcers, reviving Progressive Era skepticism of concentrated corporate power. Kanter immediately began pursuing major cases against Google, Apple, and other tech giants, while also focusing on vertical mergers and labor market competition—areas largely ignored during previous administrations. However, his tenure would be marked by significant court losses, revealing the difficulty of prosecuting cases under existing statutes with judges trained in the Chicago School framework and without supportive congressional action to update antitrust laws.