Partner Antitrust & Competition Washington, D.C. (202) 339-8431 Profile Alexander Okuliar is a partner in the Antitrust and Competition Practice. Drawing on his nearly 17 years of experience as a federal enforcer and private practitioner, Alex represents clients in government investigations and enforcement actions relating to strategic mergers and acquisitions and business conduct. He also advises multinational companies on antitrust litigation and compliance matters, including joint ventures, intellectual property licenses, distribution arrangements, and other business activity. He has litigated complex antitrust, competition and consumer protection issues in federal and state courts, including class actions involving claims of price fixing, bid rigging, predatory pricing, group boycotts, and monopolization. Before joining the firm, Alex served at the U.S. Federal Trade Commission (FTC) as attorney advisor to Commissioner Maureen Ohlhausen, counseling on highlevel decisions regarding the FTC's enforcement actions and policies. Prior to that, he was a trial attorney at the Antitrust Division of the U.S. Department of Justice (DOJ), leading key investigations and enforcement matters. Alex also spent 10 years at top international law firms before his government service. Practices Antitrust & Competition Intellectual Property (Antitrust) Mergers & Acquisitions (Antitrust) Counseling & Compliance (Antitrust) Technology Companies Group Commercial Litigation Education Alex offers knowledge and expertise across many industries and issues, including: J.D., Vanderbilt University Law School, 1999 Technology and Media. Alex currently represents leading technology companies in transactions and other matters before the FTC and DOJ. His prior experience includes reviewing dozens of transactions as a former enforcer in the Networks and Technology Enforcement Section of the DOJ Antitrust Division and the FTC. He also defended many technology and media transactions in private practice, including the cross-border merger of semiconductor mask manufacturers and a $3 billion radio and television acquisition. Alex is a thought leader, too, with regular speaking appearances and contributions as a writer and editor on frequently cited articles and books. Alex serves on the Executive B.A. & B.S., Economics and History, The Wharton School of the University of Pennsylvania, 1995 Clerkships Judicial Intern, U.S. District Judge Curtis Collier, Eastern District of Tennessee Page 1
Committee of the Telecommunications and Electronic Media Practice Group of the Federalist Society. Before entering law school, Alex cofounded and sold an online technology company. Energy. Alex regularly counsels and represents clients on transactions and joint ventures in the energy sector. He has prior experience representing a leading midstream partnership before the FTC on several matters, including a $13 billion merger for which he negotiated a consent decree and asset divestiture. He also advised a leading oil company in structuring a pipeline partnership in Alaska and has handled internal investigations into allegations of price-fixing at oil and petrochemical companies, including representation of a leniency candidate before the DOJ. As an advisor at the FTC, Alex reviewed many oil and gas deals and agency industry studies and reports to Congress. At the DOJ, he investigated a merger of regulated power generators. Financial Services. Alex has years of experience handling complex cases in financial markets. He served in the DOJ Section responsible for overseeing the finance sector, and in that role led investigations into mergers and alleged cartel conduct. He led the team that reviewed and blocked NASDAQ s hostile attempt to purchase NYSE Euronext, owner of the New York Stock Exchange. Alex also investigated and negotiated a consent decree in the abandoned merger of the German stock exchange, Deutsche Börse AG, with NYSE Euronext. Alex spent years in private practice representing a major bank against allegations of group boycott in American Express v. Visa, et al. and price fixing in In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. Litigation and Business Conduct. Before his government service, Alex spent years defending multinationals and leading banks in federal and state court antitrust cases against allegations of price-fixing, monopolization, group boycotts, tying, and predatory pricing. He defended an Asian air carrier in class actions alleging price-fixing, including In re Korean Air Antitrust Litigation, winning dismissal on a key issue at the U.S. Court of Appeals for the Ninth Circuit, and successfully defended a leading technology company on monopolization claims related to its use of intellectual property. Alex also understands antitrust conduct issues from the perspective of an enforcer, having led major investigations, including a DOJ investigation into claims of monopolization by a technology company, as well as evaluating monopolization claims and participating in drafting a Commission opinion on the issue, In re McWane, which was upheld on appeal to the U.S. Court of Appeals for the Eleventh Circuit and is now being petitioned by the defendant to the U.S. Supreme Court. Intellectual Property and Antitrust. Alex represents technology companies in issues at the intersection of the intellectual property and antitrust laws. He is a thought leader in this area, having worked on the Honors Nominee, Concurrences Antitrust Writing Award (2015) Leadership, ABA Section of Antitrust Law Memberships Vice Chair, Intellectual Property Committee, American Bar Association, Section of Antitrust Law Executive Committee, Telecommunications & Electronic Media Practice Group, Federalist Society Page 2
FTC s major enforcement and policy decisions on FRAND-encumbered standard-essential patents, including Google and Bosch. Alex also serves as Vice Chair of the Intellectual Property Committee of the ABA Section of Antitrust Law and in that role has drafted comments to antitrust agencies around the world on their proposed intellectual property enforcement guidelines, including in China, Korea and Canada. Alex is a chapter author and editor of the Intellectual Property and Antitrust Handbook (Fall 2015) and the co-lead editor of the forthcoming Handbook on the Antitrust Aspects of Standard Setting. Health Care and Life Sciences. Alex is currently advising a large health care system in its affiliation with another system. He has experience at both the government level and in private practice with transactions in this sector as well as in pharmaceuticals and medical devices. He advised on the FTC s policies regarding reverse-payment settlements and on precedential matters, including the Supreme Court briefing in FTC v. Actavis. He also litigated health insurer most favored nations clauses while at the DOJ. Engagements SELECTED EXPERIENCE Technology and Financial Services Reviewed numerous transactions involving leading technology companies while at the FTC and DOJ, including the DOJ s public review and settlement relating to Google s $700 million acquisition of online travel software provider ITA. Participated on the Commissioner s behalf in the FTC s enforcement actions and policy initiatives relating to issues at the intersection of antitrust and intellectual property, including the agency s enforcement actions relating to standard-essential patents, its policies and advocacy on F/RAND commitments, and its enforcement and policy work on patent assertion entities (PAEs). Led the DOJ investigation into multiple financial exchange acquisitions, including the proposed takeover of NYSE Euronext by NASDAQ and the Intercontinental Exchange; also led and negotiated a settlement in the proposed merger of NYSE Euronext and Deutsche Börse. Defended a leading technology company against multiple class actions alleging monopolization for its use of intellectual property rights. Defended a leading semiconductor company against claims of price fixing in federal court class action. Defended in federal court litigation a leading bank alleged to have been involved in a group boycott of a payment processing network. Represented a leading semiconductor photomask manufacturer in the Page 3
DOJ review of its acquisition by another photomask manufacturer. Pharmaceuticals and Medical Devices Reviewed several major proposed mergers and acquisitions among pharmaceutical companies and advised on staff recommendations at the FTC, including multiple consent decrees and proposed divestitures to resolve competition concerns. Participated on behalf of the Commissioner in the FTC s enforcement activity related to reverse payment settlements, including the agency s appellate and Supreme Court strategy pre-actavis and its amicus briefs and staff enforcement recommendations post-actavis. Energy Represented a top midstream energy services company in a $13 billion merger reviewed by the FTC and negotiated the consent decree resolving the agency s concerns. Represented a top midstream energy services company in the FTC review of an acquisition of pipeline companies serving portions of Texas and Oklahoma. Reviewed multiple proposed transactions in the energy sector while at the FTC, including the acquisition of petroleum products pipeline assets requiring the divestiture of petroleum terminals to resolve competition issues. Health Care Reviewed numerous proposed mergers and acquisitions among hospitals and other health care providers and advised on staff recommendations regarding enforcement actions. Participated in the evaluation of a major proposed clinical integration program and developed expertise in joint pricing issues in the field. Litigated the lawfulness of most favored nations clauses imposed by a health insurer on health care providers while at DOJ. Represented a complainant before the FTC in relation to a proposed health care merger. Telecommunications and Media Represented a leading radio network in the DOJ s review of its $3 billion acquisition by a leading television network. Represented a buyer in responding to the DOJ s review of a multi-station radio acquisition. Page 4
Reviewed the merger of two leading record labels while at the FTC. Transportation Defended a major Asian air carrier in federal district and appellate courts against class actions alleging price fixing of passenger air fares. See In re Korean Air Lines Co. Antitrust Litig., 567 F. Supp. 2d 1213 (C.D. Cal. July 23, 2008), aff d in part, vacated in part, 642 F.3d 685 (9th Cir. 2011). Defended an air carrier against allegations of predatory pricing. Reviewed the purchase and sale of airport slots between two major airlines while at DOJ. Retail and Industrial While at the FTC, advised on the merger of leading office supply superstores and participated in drafting the Commission statement explaining the decision. Advised the Commissioner on the FTC s enforcement action to block the merger of two leading glass bottle manufacturers, and assisted in drafting the Commission statements on this matter. Advised on the Commission s decisions in the administrative case involving allegations of price fixing and exclusive dealing, In re McWane; participated extensively in drafting the Commission s statements on summary judgment and after the parties appeal following trial on the merits; the Commission s final decision was recently upheld on review at the Eleventh Circuit. Speeches Moderator, "Recent Developments in Government Enforcement," Credit Suisse Conference: Washington Perspectives on Healthcare Industry Consolidation, Washington, DC (Dec. 1, 2015) Speaker, "Recent Developments in Global Cartel Investigations and Private Damages Actions in the U.S. and the EU," Orrick Tokyo Library Seminar Series, Tokyo (via videoconference) (November 9, 2015) Moderator, Platform Neutrality: Do the Big Players Have to Share?, Antitrust and Intellectual Property Conference, Stanford Law School, American Bar Association, Palo Alto, CA (October 8, 2015) Moderator, "A Tale of Two Agencies - Overlapping Jurisdiction of the FCC and FTC," Washington, DC (September 2, 2015) Moderator, West Coast Networking Event Careers in Antitrust and IP, American Bar Association, San Francisco, CA (June 4, 2015) Page 5
Moderator, The Meaning of a Willing Licensee, American Bar Association, Washington, DC (May 7, 2015) Moderator, West Coast Networking Event Enforcers Panel, American Bar Association, San Francisco, CA (April 16, 2014) Panelist, IP Surprise! Defensive Patent Aggregators, New York Law School, New York, NY (April 4, 2014) Moderator, Recent Developments in Patent Assertion Entity Behavior, American Bar Association, Washington, DC (October 29, 2013) Panelist, Post-Lehman Will Financial Markets Be Regulated Through the Back Door of Competition Policy? ABA Section of International Law Annual Spring Meeting, New York, NY (April 20, 2012) Panelist, Developments In Indirect Purchaser Litigation, American Bar Association, Washington, DC (June 25, 2009) Select Publications Competition, Consumer Protection, and the Right [Approach] to Privacy, 80 Antitrust L.J. 121 (Spring 2015) (Co-Author, with Commissioner Ohlhausen). Financial Exchange Consolidation and Antitrust: Is There A Need for More Intervention?, Antitrust, Spring 2014, at 66. Internet Ready: Agency Enforcement of Online Mergers, Antitrust, Fall 2011, at 80 (Co-Author). The Third Circuit Joins the Majority with In re Hydrogen Peroxide, Class Action Watch, May 2009, at 3 (Co-Author). Rigorous Analysis in Antitrust Class Certification Rulings: Recent Advances on the Front Line, Antitrust, Fall 2008, at 72 (Co-Author). State Antitrust Lawsuits: A Good Way to Balance Costs and Incentives for Patented Drugs?, 23 Legal Backgrounder 26 (June 2008) (Co-Author). Without Presumptions: Rigorous Analysis in Class Certification Proceedings, Antitrust, Summer 2007, at 61, Co-author (with Ian Simmons and Nilam Sanghvi). Extending the Reach of the Antitrust Police, Mergers & Acquisitions, July 2004, at 28, Co-author (with William Vigdor). Handbook On Antitrust Aspects Of Standard Setting (ABA Section of Antitrust Law, 3d ed. forthcoming 2016) (Co-Lead Editor). Page 6
Intellectual Property And Antitrust Handbook (ABA Section of Antitrust Law, 2d ed. forthcoming 2015) (Chapter Editor). Antitrust Law Developments (Treatise) (ABA Section of Antitrust Law, 7th ed. 2012) (Section Editor and Contributor). 2009 Annual Review Of Antitrust Law Developments (ABA Section of Antitrust Law, Spring 2010) (Contributor). 2008 Annual Review Of Antitrust Law Developments (ABA Section of Antitrust Law, Spring 2009) (Contributor). Antitrust Law Developments (Treatise) (ABA Section of Antitrust Law, 6th ed. 2007) (Contributor). Premerger Notification Practice Manual (ABA Section of Antitrust Law, 4th ed. 2007) (Contributor and Editorial Assistant). Premerger Notification Practice Manual (ABA Section of Antitrust Law, 3d ed. 2003) (Contributor and Editorial Assistant). Public Domain (ABA Section of Antitrust Law) (Editor 2013-2015). E-Bulletin (ABA Section of Antitrust Law) (Editor 2013-2015). Admitted In District of Columbia Texas Court Admissions United States District Courts Northern District of Texas United States Courts of Appeals Ninth Circuit Page 7