Tale of Two Agencies – Overlapping Jurisdiction of the FCC and FTC - Audio/Video
Telecommunications & Electronic Media Practice Group
Telecommunications & Electronic Media Practice Group
With the adoption of the Open Internet Order, the Federal Communications Commission has potentially waded into areas that have historically been within the Federal Trade Commission’s jurisdiction. How are privacy, consumer protection, and technology policy issues currently being handled by the agencies – do their actions complement each other or are they creating regulatory tension and uncertainty? If there is a turf war going on, will Congress step in or will the courts decide? How does it impact competition policies and consumer protection? Join FCC Commissioner Ajit Pai and FTC Commissioner Maureen Ohlhausen as they engage in a moderated discussion about these and other issues relating to the respective roles of their agencies.
Featuring:
September 2, 2015
Washington, DC
Chair, Global Antitrust Law Practice Group, Morrison Foerster
Alex Okuliar is Co-Chair of Morrison Foerster’s Global Antitrust Law Practice Group. He is the former Deputy Assistant Attorney General for Civil Antitrust Enforcement at the U.S. Department of Justice and a former advisor at the Federal Trade Commission.
Alex’s practice spans merger review, civil litigation, and criminal investigations. Over his twenty-five-year career, Alex has worked on nearly one thousand deals. He has deep experience guiding clients through the complex global merger clearance process and has litigated agency merger challenges through trial. He has also helped clients succeed in a wide range of federal and state cases, including class actions and private party disputes alleging price fixing, monopolization, group boycotts, market allocation, and tying. His understanding of the agency processes from the inside allows him to offer expert, timely, and practical advice to clients navigating merger and conduct investigations by the U.S. Department of Justice, the Federal Trade Commission, state Attorneys General, and foreign agencies. Alex’s work has been recognized by leading industry publications such as Chambers, The Legal 500 U.S., and Global Competition Review.
Outside of client work, Alex is a prolific thought leader and was recognized as a 2024 Top Author for Antitrust & Trade Regulation by JD Supra’s Readers’ Choice Awards. He currently serves as the co-chair of the ABA Antitrust Law Section’s Joint Conduct Committee and is the former chair of the Section’s Intellectual Property Committee and co-chair of the 2023 Antitrust Fall Forum on Artificial Intelligence. He is also a member of the Corporations, Securities & Antitrust Executive Committee of The Federalist Society for Law and Public Policy Studies.
Before law school, Alex co-founded and sold an online technology company. Alex received his B.S. in economics and B.A. with distinction in history from the Wharton School of the University of Pennsylvania and his J.D. from Vanderbilt University Law School.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Nonresident Fellow, American Enterprise Institute
Ajit Pai, a former chairman of the Federal Communications Commission (FCC), is a nonresident fellow at the American Enterprise Institute, where he focuses on issues pertaining to technology and innovation, telecommunications regulatory policy, and market-based incentives for investment in broadband deployment. Concurrently, he is a partner at Searchlight Capital Partners, a global investment firm.
Mr. Pai’s distinguished career at the FCC includes two leadership roles following presidential appointments. He was appointed commissioner by President Barack Obama in 2012, designated chairman by President Donald Trump in 2017, and twice confirmed by the US Senate. While at the helm of the FCC, Mr. Pai had a transformative impact on the future of US technology and communications policy, implementing major initiatives to help close the digital divide; advance US leadership in 5G and other wireless technologies; promote innovation; protect consumers, public safety, and national security; and make the agency itself more open, transparent, and data-driven.
Earlier in his career, Mr. Pai served in various public-sector positions in the FCC’s Office of General Counsel, the US Department of Justice, the US Senate Judiciary Committee, and the US District Court for the Eastern District of Louisiana. He also worked as a partner at Jenner & Block and associate general counsel at Verizon Communications.
Mr. Pai graduated with honors from Harvard University, where he received a bachelor’s degree, and from the University of Chicago Law School, where he received a law degree and was an editor on the University of Chicago Law Review.