FTC hires tough litigator for Google case

When the Federal Trade Commission recently intensified its probe of Internet giant Google, it hired the high-powered Washington lawyer who helped send Oklahoma City bomber Timothy McVeigh to the death chamber.

With little antitrust experience but a long record of victory, Beth Wilkinson built a reputation as a tough litigator with cases like that of McVeigh and the defense of Big Tobacco against smokers' lawsuits, and her hiring was seen by some as a sign that the FTC was contemplating a suit against Google.

Alternatively, antitrust experts said, the agency could be using Wilkinson's reputation to push Google to settle, essentially saying: Deal with us at the negotiating table or you'll deal with her in court.

FTC Commissioner Thomas Rosch, who met Wilkinson when they practiced law together, said he worked with her 11 years ago on her first antitrust case and was impressed by her determination.

The case never went to trial, but Wilkinson insisted on going ahead with a planned mock trial.

"At the time, I said 'I'm going back to San Francisco,'" said Rosch. "She stayed for the rest of the mock and she won the mock. She's a quick study ... and she's very diligent."

Wilkinson has been in the limelight before.

She argued as a prosecutor for the execution of McVeigh and aided in the U.S. government case against former Panamanian dictator Manuel Noriega.

In private practice, she worked for Big Tobacco, and defended a pharmaceutical giant against charges that its drug raised breast cancer risks.

Her career even included a stint at the housing finance agency, Fannie Mae, where she was pushed out as general counsel when the government took control at the height of the mortgage crisis.

Wilkinson's FTC role will be to probe whether Google uses its search engine clout to unfairly promote its own businesses, such as Google Places and travel sites.

Competitors contend that Google is corralling users simply by engineering searches so that its sites are listed first.

Wilkinson, who was hired in April, will work on the Google case 130 days over the next year.

European regulators, who are pursuing similar allegations, said on May 21 that Google has "a matter of weeks" to settle to avoid formal charges or fines.

Wilkinson's Google work will come even as she prepares for the Philip Morris retrial, set for January.

She was recently hired to represent Activision Blizzard Inc in a lawsuit filed by two former lead developers of Modern Warfare 2, Jason West and Vincent Zampella, who claim they were improperly terminated. A trial date was set for June 1.

Wilkinson said in an email that her case load should not be viewed as a sign that she thinks the Google case will be quickly settled. "There is no connection between my trials and the likelihood of the Google matter going to trial," she wrote.