Former Federal Trade Commission (FTC) commissioner, Maureen Ohlhausen, has recently joined renowned Silicon Valley law firm Wilson Sonsini. As tech giants increasingly fall under the scrutiny of Biden administration’s antitrust authorities, Ohlhausen’s move to the firm, known for its dealings with Alphabet Inc., and TikTok Inc., may carry specific significance. She served as FTC commissioner from 2012 till 2018, also fulfilling the role of acting chairman during the final one and a half year of her tenure.
Ohlhausen’s entry into Wilson Sonsini comes at a time when competition regulation has seen a significant rise. Bloomberg reported that in fiscal year 2022, the combined merger enforcement actions by the FTC and Justice Department amounted to 50, marking a historical surge, unseen since the introduction of mandatory pre-merger antitrust reviews in the US in 1976. The software company, Adobe, had to abandon its plans of acquiring the cloud-based designer platform Figma for $20 billion in the face of antitrust regulators.
“They have been aggressive, but mergers are still getting done,” Ohlhausen pointed out. Her role continues to revolve around explaining to businesses how antitrust regulators would perceive possible deals.
Along with Ohlhausen, Taylor Owings, her colleague from Baker Botts, and former chief of staff in the Department of Justice’s (DOJ) antitrust division during the Trump administration, also joins Wilson Sonsini. According to Doug Clark, the managing partner at Wilson Sonsini, the firm and its clientele will greatly benefit from Ohlhausen and Owings’ experience in government during times of heightened enforcement and oversight.
A significant part of Ohlhausen’s work will be assisting Big Tech firms and startups in understanding and navigating the antitrust developments, including the amended merger guidelines, which have lowered the bar for agencies determining if a merger could result in a monopoly. Furthermore, she will be closely monitoring the FTC’s rulemaking and a proposal to ban employers from imposing non-compete agreements.
Ohlhausen believes that enforcement will continue to be aggressive in 2024, with reviews taking longer owning to the more comprehensive set of questions regulators are posing about deals. However, uncertainty remains about how courts might respond to related lawsuits.
Ohlhausen’s and Owens’ hiring comes in the wake of Scott Sher leaving Wilson Sonsini. Sher served as an antitrust practice leader at the firm, and offered advice on Qualcomm’s $1.4 billion acquisition of NUVIA in 2021.
Justine Donahue, a managing director at legal search firm Macrae, has highlighted that law firms have been increasingly demanding antitrust attorneys with litigation expertise in response to the current climate.
In her role at Wilson Sonsini, Ohlhausen has stated that she will continue to seek clearance from the FTC regarding matters that she might have overseen during her time at the agency. These restrictions exist to prevent potential conflicts, particularly in light of the high turnover rates in government agencies.
William Kovacic, a former FTC Chair who worked with Ohlhausen, commended her understanding of the ethical regimen and compliance with the rules.