Alexander Okuliar

Partner, Orrick, Herrington & Sutcliffe LLP
Alexander Okuliar

Alexander Okuliar is a partner in the Antitrust and Competition Practice at Orrick, Herrington & Sutcliffe LLP. He defends clients in government investigations and enforcement actions relating to domestic and international transactions and civil non-merger conduct. He also has litigated numerous complex antitrust, competition and consumer protection issues in federal and state courts. Before joining the firm, Mr. Okuliar was attorney advisor to Commissioner Maureen Ohlhausen at the U.S. Federal Trade Commission (FTC) and a trial attorney in the Antitrust Division of the U.S. Department of Justice (DOJ). Mr. Okuliar also spent ten years at top international law firms before serving in the federal government.

As an advisor, Mr. Okuliar played a leading role in many of the FTC’s most significant recent matters. He counseled the Commissioner on numerous merger and non-merger investigations, enforcement actions, domestic and international policy issues, competition advocacy initiatives, and litigated cases. He also advised on a major case involving allegations of exclusionary conduct and price fixing, In re McWane, and participated in drafting the Commission’s statements resolving key issues in that administrative litigation. He worked on matters across all the industry sectors covered by the FTC, including enforcement decisions on transactions and conduct in the technology, pharmaceuticals, health care, and energy sectors. Mr. Okuliar also was heavily involved with the agency’s work on several cutting edge issues, including those at the intersection of the intellectual property and antitrust laws and the formulation of Commissioner Ohlhausen’s policies regarding privacy issues in mergers involving big data.

As an attorney at the DOJ, Mr. Okuliar was based in the Networks and Technology Enforcement Section and participated on matters across the agency. He led or played a central role in merger and non-merger investigations and enforcement actions and litigation in the technology, finance, health care, energy, and transportation sectors. He also investigated matters involving use of intellectual property as a potential antitrust violation.

During his 10 years in private practice, Mr. Okuliar defended clients in antitrust cases alleging price-fixing, monopolization, group boycotts, tying, and predatory pricing. He spent years defending an Asian air carrier against allegations of price fixing as well as a leading technology company on monopolization claims related to its use of intellectual property. He also counseled on possible antitrust issues in proposed transactions as well as representing parties before foreign and domestic agencies on mergers, acquisitions, and other conduct.

Before entering law school, Mr. Okuliar co-founded and sold an online technology company.

Mr. Okuliar is a frequent speaker and writer on antitrust issues. He has written, edited or contributed to numerous articles, handbooks, treatises, and other publications. Two of his recent articles were nominated for writing awards by the Institute for Competition Law. He is currently co-editor of the forthcoming revision to the Handbook on Antitrust Aspects of Standard Setting and a chapter editor of the forthcoming Intellectual Property and Antitrust Handbook.

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Publications and Multimedia
The FCC: Death to the Set-Top Box! Long Live the Set-Top Box...or is it Apps?
Federalist Society Review, Volume 18
December 12, 2016
Commissioner Ajit Pai on the FCC Television Set-Top Box Proposal - Podcast
Telecommunications & Electronic Media Practice Group Podcast
July 01, 2016
Tale of Two Agencies – Overlapping Jurisdiction of the FCC and FTC - Audio/Video
Telecommunications & Electronic Media Practice Group
September 06, 2015