The chair of the Federal Trade Commission announced Friday that she will not recuse herself from considering a proposed merger between Google and DoubleClick.
Two privacy groups — the Center for Digital Democracy and the Electronic Privacy Information Center — had petitioned for Chair Deborah Platt Majoras to recuse herself because, they said, the Washington law firm of Jones Day — of which Majoras’ husband is a partner — is representing DoubleClick before the FTC and the European Union.
Majoras said the groups’ complaint is factually inaccurate. First, she said, Jones Day is not representing DoubleClick before the FTC but is focused on the European Union’s review of the merger.
In addition, because her husband, John M. Majoras, is a “fixed participation partner,” without an equity interest in the firm, his involvement with Jones Day does not present a conflict of interest.
No ‘Imputed’ Financial Interest
“Jones Day does not represent DoubleClick before the FTC and, indeed, in dozens of meetings and submissions, has never appeared or even been mentioned,” Majoras wrote in a statement posted to the FTC’s Web site. Only the firm of Simpson, Thacher & Bartlett represents DoubleClick before the FTC, she said, adding that no one at the FTC knew of Jones Day’s involvement in the matter until Tuesday, December 11, 2007, “at which time staff learned and contacted me.”
As a non-equity partner in Jones Day, John Majoras’ compensation is not affected by changes in the firm’s income. “All benefits my husband receives from Jones Day are the same as those earned by other similarly situated non-equity partners in the firm,” she wrote. “Therefore, my husband does not have a financial interest in the firm’s income, and thus I do not have an imputed financial interest.”
Under federal law, Majoras would not be able to participate if her determinations in…