Alexander Paul Okuliar

Co-chair Global Antitrust Law Practice Group | Washington, D.C.

aokuliar@mofo.com | (202) 887-1679

aokuliar@mofo.com
(202) 887-1679

Alex Okuliar is a co-chair of Morrison & Foerster’s Global Antitrust Law Practice Group. A seasoned litigator, and former senior Department of Justice (DOJ) and Federal Trade Commission (FTC) official, Alex draws upon two decades of mergers, disputes, and enforcement experience to represent global companies in high-profile deals and high-stakes investigations and litigation.

Most recently, Alex was the Deputy Assistant Attorney General for Civil Enforcement in the Antitrust Division of the DOJ. In this role, he oversaw approximately 150 DOJ attorneys and staff with responsibility for DOJ enforcement activity across a range of industries, including technology and digital platforms; defense, industrials, and aerospace; banking and finance; and media, entertainment, and communications. He supervised dozens of complex merger investigations, the Division’s industry-wide review of conduct by market-leading online platforms, its landmark litigation in the technology sector, and the creation of the Division’s Civil Conduct Task Force.

Some of the notable deal reviews that he oversaw while at DOJ include the $180 billion merger of United Technologies and Raytheon, Waste Management’s $4.6 billion acquisition of Advanced Disposal Services, Liberty Latin America’s $1.95 billion purchase of AT&T’s wireless and wireline business in Puerto Rico and the U.S. Virgin Islands, and Google’s $2 billion acquisition of FitBit.

Previously, Alex was an attorney advisor to FTC Commissioner Maureen Ohlhausen and, earlier in his career, a trial attorney in the Networks & Technology Enforcement Section of the Antitrust Division (now the Technology & Digital Platforms Section).

Before his most recent service at the DOJ, Alex was a partner at another leading international firm. Drawing on his experience at both federal antitrust agencies, Alex has regularly appeared before federal, state, and foreign authorities in connection with conduct and merger investigations. He also has extensive experience advocating for clients’ interests on policy issues and litigating antitrust disputes, particularly those related to conduct involving technology companies and issues at the intersection of antitrust and intellectual property. Alex has been frequently acknowledged for the quality of his work and client service. Recognitions include the following:

  • “The ‘excellent’ Alex Okuliar has a broad practice taking in merger clearance, conduct investigations and antitrust litigation. He is particularly noted for his work on behalf of media and technology companies.” – Chambers USA, DC Antitrust 2020
  • “Alex Okuliar litigates cutting-edge antitrust topics such as platform competition and data collection as well as media cases.” – Legal 500, Litigation Defense 2020
  • “Alex Okuliar brings a deep knowledge of the law and economics of antitrust, and the ability to frame that knowledge within the unique circumstances of the digital economy.” – Legal 500, Merger Control 2020 (Client Testimonial)
  • “Alex Okuliar brings a calm and thoughtful approach to the matters he advises on. He has good judgment and delivers advice in a user-friendly format. He stays current on emerging issues in antitrust law and provides a helpful perspective on areas of risk and how to best address those areas.” – Legal 500, Cartels 2020 (Client Testimonial)

Alex is also active in the bar and currently serves as the co-chair of the Joint Conduct Committee of the ABA Antitrust Law Section. He writes and speaks frequently on important issues relating to technology and antitrust enforcement.

Alex received his B.S. in economics and B.A. in history, with distinction, from the University of Pennsylvania in 1995 and his J.D. from Vanderbilt University Law School in 1999.

Before law school, Alex co-founded and sold an online technology company.

Experience

  • Advised Schlumberger on the creation of a global oil field services technology joint ventures with Rockwell Automation, Sensia.
  • Represented Microsoft in its $7.5 billion acquisition of GitHub, a collaborative application system.
  • Advised Superior Plus on its $900 million acquisition of NGL’s U.S. propane retail business.
  • Advised Nova Chemicals on its joint venture with Borealis and Total to build a $1.7 billion ethylene cracker and a polyethylene plant in Texas.
  • Represented Cisco in its $610 million acquisition of Viptela, a privately held software-defined wide area network (SD-WAN) company.
  • Advised Otsuka Pharmaceuticals Co., a major Japanese pharmaceutical company, on its $250 million acquisition of Neurovance, a privately held clinical-stage pharmaceutical company focused on the development of therapies for ADHD and related disorders.
  • Represented Planet Labs, an earth-imaging satellite company, in its acquisition of Google’s Terra Bella Technologies business.
  • Advised Nodal Exchange Holdings, a leading energy derivatives exchange, on its acquisition by EEX, part of the Deutsche Boerse Group.
  • Advised Marubeni Corp., a major Japanese trading company, on its acquisition of Creekstone Farms Premium Beef, a top supplier of USDA-certified beef and pork products.
  • Advised Apigee, a cloud-computing company, in its $625 million sale to Google.
  • Represented VTech in the FTC investigation of its acquisition of Leapfrog.
  • Represented AVG Technologies in its $1.3 billion sale to Avast Software, maker of antivirus and security software.
  • Represented a private equity fund in its acquisition of a plastics distributor.
  • United States v. Google (2020): Senior Division official overseeing the DOJ team representing the United States in its landmark monopolization case against a leading online search engine.
  • Locast v. ABC, NBC, CBS and Fox (2019–2020): Represented online streaming service in its counterclaim alleging anticompetitive activity in connection with copyright lawsuit by television networks.
  • In re Air Cargo Antitrust Litigation: Represented international air cargo defendant against alleged price-fixing.
  • In re Korean Air Lines Antitrust Litigation: Represented international air carrier in defense of civil action alleging price-fixing of passenger airfares.
  • American Express v. Visa, et al.: Represented major credit card issuer against claims of group boycott.
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