The American Prospect and The Intercept report:

As the fight over the direction of the Biden administration’s antitrust policy intensifies, a new figure has entered the fray, scrambling the calculus: Attorney General nominee Merrick Garland. The battle so far has largely been fought out between lobbyists for Big Tech and their allies on the one hand and skeptics of monopoly power on the other.

But according to three sources familiar with the discussions, Garland is hoping to install as the head of the Department of Justice antitrust division a longtime aide who served under him during the Clinton administration and who later was the attorney charged with shepherding his ill-fated Supreme Court nomination. That lawyer, Susan Davies, however, would be a controversial pick for another professional connection of hers: Facebook. The sources for this story are unable to speak on the record for fear of angering the Biden administration, which has not authorized those involved in the discussions to speak publicly.

In 2012, Davies represented Facebook in a lawsuit brought by an advertiser, Sambreel Holdings LLC, that was effectively kicked off Facebook’s platform after the tech giant lured away all its clients and banned users from downloading it. In December, the Federal Trade Commission launched an antitrust suit against Facebook, looking to break it into its component parts and ban it from the type of anti-competitive behavior Davies defended as their counsel. [Continue reading…]