Google-ITA Software deal: The curious case of the conflicted lawyer

Google has hired a wide number of legal firms to help with its many battles, adding to a legal bill which has probably gone up enormously in recent years.

Similar to many multi-national corporate giants, it has taken to hiring the best of the best to fight its corner in Washington.

Meanwhile, companies that it is seeking to acquire – such as ITA Software, for example – have also hired legal beagles to work for them, especially when attempting to head off the tentacles of the government.

law books

So here is an interesting tale which has emerged in recent days.

From a very broad list of possible choices, ITA Software has confirmed that it selected the 112-year-old Hogan Lovells legal firm to represent it, presumably for what some are predicting (or hoping, depending on you ask) will be an antitrust case, triggered by the US Department of Justice.

However, a wrinkle has emerged. One the key people at the DoJ who some were hoping would lead the charge against the acquisition has had to recuse herself from any involvement.

This development, confirmed via email by the DoJ, potentially strikes a bit of a blow to the anti-Google forces in the FairSearch coalition, as the official Christine Varney is also apparently the organisation’s top antitrust official.

So why has Varney recused herself?

It turns out that Varney used to work for none other than… Hogan Lovells. Regulations state that political appointees are barred from working on matters relating to their previous appointment for two years.

Oops.

You now have to ask whether this was actually just one of those amazing coincidences that occur from time to time, or a very clever tactic. I guess that simply depends on how conspiratorial your mind is.

NB: Additional reporting by Dennis Schaal and Kevin May.

Timothy O'Neil-Dunne About Timothy O'Neil-Dunne

Timothy O'Neil-Dunne is managing partner at travel consultancy firm, T2Impact. He serves as the lead for the airline, aviation and airport practice.

Timothy was a founding management team member of the Expedia team where he headed the ground transportation and international portfolios, before founding T2Impact in 1998.

He has worked in aviation and travel distribution for more than 30 years, including time with Worldspan as head of technology where he managed international technology services from product to infrastructure.

He is also CTO and deputy CEO of Lute Technologies, a permanent advisor to the World Economic Forum and writes on the T2Impact Blog.

Comments

  1. either way, its a good results i think.

    i think its ironic the use of the word “fair” in the Fairsearch.org name.

    sort of reminds me of the names for the former East Germany GDR (German Democratic Republic) or North Korean DPR (Democratic People’s Republic)

    both use the word “Democratic” but neither were!

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