That article quoted the FTC as saying Jones Day was only involved in
the European aspects of the Google-DoubleClick merger and had not
appeared before the FTC. But--the article noted--that "would seem to
conflict" with what's on the Jones Day Web site. That site said:
Jones Day is advising DoubleClick Inc., the digital marketing
technology provider, on the international and U.S. antitrust and competition
law aspects of its planned $3.1 billion acquisition by Google Inc. The
proposed acquisition will combine DoubleClick's expertise in ad management
technology with Google's Internet search and content platform. The
transaction is currently under review by the U.S. Federal Trade Commission
(FTC) and European Commission.
Soon after our article appeared, Jones Day deleted that Web page, and it's now blank. Google's cached copy, however, is not.
The antimerger groups, the Electronic Privacy Information Center and
the Center for Digital Democracy, cited our article and the subsequent
deletion in a letter to the FTC on Thursday saying the commission's
representatives "who addressed yesterday the representation of
Doubleclick by Jones Day before the Commission were either misinformed
or willfully misled the public." They're filing a Freedom of
Information Act request for any relevant documents.
The subtext here is that EPIC and CDD are trying to embarrass
Majoras into recusing herself, which would remove a Republican vote
likely to be more sympathetic to free market arguments. That would
leave two Republicans and two Democrats left with a vote. (On the other
hand, for all we know, all five commissioners could be enthusiastic
about supporting the deal.)
So, what's really going on? It seems that there are two likely
possibilities: one, Jones Day is in fact representing DoubleClick
before the FTC, and is reluctant to acknowledge it. Two, the Jones Day
Webmaster innocently used imprecise language and the law firm truly was
focused on Europe alone.
For their part, DoubleClick and Jones Day say it's option No. 2. Joe
Sims, a partner at Jones Day, sent me this e-mail message in response
to my question to him:
The language in the posting apparently was confusing, since EPIC cites it
as evidence JD is representing DC at the FTC, and we never have. So we
took it down and will rewrite it to eliminate the confusion.
And DoubleClick sent us this statement this morning:
Simpson Thacher has been DoubleClick's outside counsel since July of
2005 and was retained to represent it in all aspects of its proposed
acquisition by Google, including with respect to United States antitrust
matters. From the outset, Simpson Thacher has represented DoubleClick
before the Federal Trade Commission and continues in that capacity.
Jones Day has been engaged primarily with respect to European and other
non-U.S. jurisdictions. Jones Day was not engaged to represent, and has
not represented DoubleClick before the Federal Trade Commission or
appeared before the Commission on DoubleClick's behalf.
Majoras' husband, John Majoras,
is an antitrust litigator at Jones Day. That by itself may not mean
much: Jones Day is one of the largest law firms in the country with
something like 2,300 attorneys.
The FTC deadline for its review was December 13, but it's since been extended. Meanwhile, the European Commission has until April 2 to review the deal.
The article is stemmed from:http://www.news.com
Posted by
Declan McCullagh