| Biography:
Rhett Krulla joined Proskauer Rose LLP in 2005 following an illustrious career at the Federal Trade Commission (FTC). Rhett’s practice focuses on antitrust and consumer protection counseling, litigation and representation of clients before U.S. and international enforcement agencies and the courts. Before joining Proskauer, Rhett was a Deputy Assistant Director in the FTC’s Bureau of Competition, responsible for a group of approximately 25 lawyers that investigated and challenged mergers and alleged anticompetitive conduct in chemicals, plastics, computer hardware and software, coal, the automotive industry, recorded music, video distribution, and other industries, and he represented the FTC in numerous litigated cases. In previous FTC positions, as Senior Litigator and attorney, he investigated, litigated, and negotiated consent orders involving mergers, horizontal restraints and monopolization in these industries and in the oil industry.
Through his career at the FTC, Rhett was in the forefront of applying evolving economic principles and enforcement criteria to antitrust investigations and cases in order to protect the public interest while preserving beneficial transactions. He developed quantitative and qualitative analytical techniques based on current economic principles and case law, and applied these in investigations and litigated cases in a wide range of industries. He is experienced in applying antitrust both in mature industries and in rapidly evolving industries, including, in particular, computer software and hardware and technology markets. He trained generations of attorneys and investigators in antitrust concepts and investigative techniques. Rhett has received numerous professional awards during his service at the FTC, including the Distinguished Service Award in 2005, the FTC’s Brandeis Award for Outstanding Litigator in 2003, Superior Service Award in 2001, Outstanding Team Effort Award in 1995, Law Enforcement Award in1989, and nine Meritorious Service Awards.
Rhett is a graduate of C.C.N.Y. of the City University of New York, from which he received a Masters Degree in economics, and of St. John's University School of Law, where he was Notes & Comments Editor of the St. John's Law Review, a Thomas More Scholar, and graduated in the top 10% of his class. While studying law, Rhett taught economics as an adjunct lecturer at Baruch College of the City University of New York. Rhett attended the NITA Teacher Training Program in 2005.
CLIENT REPRESENTATIONS
• Represented Celgene Corporation in its $2.9 billion acquisition of Pharmion Corporation.
• Represented Disc-O-Tech Medical Technologies Ltd., before the Federal Trade Commission, in its sales of medical device assets to Kyphon, Inc.
• Advised Community Health Systems, Inc. regarding its $6.8 billion acquisition of Triad Hospitals Inc.
• Represented The Laird Group PLC, before the Federal Trade Commission, in the $485 million sale of its Laird Security Systems/Amesbury division to Lupus Capital PLC.
• Advised and represented a major vaccine company in partnership negotiation.
• Represented Andrx Corporation, before the Federal Trade Commission, in its $1.9 billion acquisition by Watson Pharmaceuticals Inc. to create the third largest generic pharmaceutical company in the United States.
• Advised and represented various clients before the Federal Trade Commission’s Bureau of Consumer Protection in connection with alleged violations of consumer protection statutes and rules.
MAJOR LITIGATED MATTERS
• Union Oil Company of California, Trade Reg. Rep. (CCH) 15,755, at 22,926 (July 27, 2005) (cease and desist consent order entered following trial) (Counsel in action for alleged illegal acquisition of monopoly power in connection with development of reformulated gasoline (RFG)).
• Chicago Bridge & Iron Company N.V., Trade Reg. Rep. (CCH) 15,698, at 22,823 (Dec. 21, 2004), affirmed, 515 F.3d 447 (5th Cir. 2008) (Co-lead trial counsel in successful administrative trial to break up consummated merger of manufacturers of industrial tanks).
• FTC v. Arch Coal, Inc., 329 F. Supp. 2d 109 (D.D.C. 2004) (Lead counsel in district court preliminary injunction action to block merger of producers of Powder River Basin coal).
• FTC v. Libbey, Inc., 211 F. Supp. 2d 34 (D.D.C. 2002) (Trial counsel in successful district court preliminary injunction action to block merger of manufacturers of glassware).
• FTC v. Swedish Match North America, Inc., 131 F. Supp. 2d 151 (D.D.C. 2000) (Trial counsel in successful district court preliminary injunction action to block merger of manufacturers of loose leaf tobacco).
• Occidental Petroleum Corporation, 115 F.T.C. 1010 (1992); FTC v. Occidental Petroleum Corp., 1986-1 Trade Cas. (CCH) 67,071 (D.D.C. 1986) (Lead counsel in successful administrative litigation to break up consummated merger of manufacturers of polyvinyl chloride).
• The B.F. Goodrich Company, 110 F.T.C. 207 (1988) (Lead counsel in successful administrative litigation to break up consummated merger of manufacturers of vinyl chloride monomer).
• SKF Industries, 94 F.T.C. 6 (1979) (Trial counsel in successful administrative litigation to terminate agreement to divide markets for antifriction bearings).
• British Oxygen Co., 86 F.T.C. 1241 (1975), vacated & remanded, sub nom. BOC International, Ltd. v. FTC, 557 F.2d 24 (2d Cir. 1977); FTC v. British Oxygen Co., Ltd., et al., D. Del. Civ. 74-31 (1974) (Trial counsel in potential competition case involving industrial gases and medical devices).
MAJOR INVESTIGATIONS AND CONSENT ORDERS
Rhett led or supervised the investigation and resolution of many of the largest and most complex mergers and acquisitions in the FTC's recent history, including the consent orders below and other transactions, either cleared or abandoned, involving leading companies in computer hardware and software, automotive, petrochemicals, specialty chemicals, agricultural chemicals, plastics, petroleum, recorded music, video distribution, and other industrial and consumer products. He has closely coordinated multinational merger investigations with staff of the European Commission and other foreign antitrust authorities. Major consent orders for which Rhett had responsibility include the following:
• Bayer/Aventis, 2002 FTC LEXIS 35 (2002).
• The Dow Chemical Company/Union Carbide Corp., 2001 FTC LEXIS 27 (2001).
• Computer Sciences/Mynd, 2001 FTC LEXIS 14 (2001).
• PacifiCorp/The Energy Group PLC, 1998-1 Trade Cas. (CCH) 24,384 (1998).
• Dow/Sentrachem, 125 F.T.C. 377 (1998).
• Automatic Data Processing, Inc., 124 F.T.C. 456 (1997).
• Ciba-Geigy Ltd./Sandoz Ltd., 123 F.T.C. 842 (1997).
• FTC v. Boston Scientific Corp., D.D.C. Civ. Action No. 1:95CV00198 (1995).
• Silicon Graphics, Inc., 120 F.T.C. 928 (1995).
• Royal Dutch Shell/Montedison, 119 F.T.C. 676 (1995).
• United States v. Microsoft Corporation, 56 F.3d 1448 (D.C. Cir 1995) (FTC investigation leading to consent decree).
• Valspar/Cargill, 117 F.T.C. 9 (1994).
• ICI/Du Pont, 116 F.T.C. 1381 (1993).
• Hoechst Celanese Corporation, 114 F.T.C. 720 (1991).
• United States v. Atlantic Richfield Company, 1991-1 Trade Cas. (CCH) 69,318 (D.D.C. 1991).
• FTC v. ARCO Chemical Company, D.D.C. Civ. Action No. 90-1657 (1990).
• American Hoechst Corporation, 110 F.T.C. 4 (1987).
• Chevron Corporation and Gulf Corporation, 104 F.T.C. 597 (1984).
• Texaco Inc. and Getty Oil Company, 104 F.T.C. 241 (1984).
• Exxon Corporation, 98 F.T.C. 453 (1981).
SPEAKING ENGAGEMENTS AND PROFESSIONAL ACTIVITIES
ALI-ABA/NITA/FTC Co-instructor - trial advocacy; cross examination; deposition skills.
Workshop on Competition Policy and Demonopolisation, OECD - Istanbul Centre for Private Sector Development (Instructor), October 20-22, 1998.
Antitrust Technical Assistance, Brazil, October 1999.
FTC/DOJ/FERC Interagency Electricity Group (Participant).
Fulcrum Mergers & Acquisitions Forum, The Merger & Acquisition Landscape: Plenary Session (Panelist); Merge with Confidence: How to Present your Merger Case to the Department of Justice and the Federal Trade Commission (Panelist), March 2001.
Merger Investigation Best Practices, FTC Workshops (Organizer and Panelist) (2002).
FTC Representative for Clearance Negotiations with DOJ, Antitrust Division (2002-2004).
Introduction to Horizontal Mergers, FTC Orientation (Instructor), Washington, DC, September 2002-September 2004.
International Competition Network, Mergers Working Group, Investigative Techniques Subgroup (Member) (2003-2005).
Clayton Act Committee Program: Strategies for Counseling and Defending the Non-Reportable Deal (Presenter), Spring Meeting of the ABA Section of Antitrust Law, April 3, 2003.
Analysis of Telecom and Electricity Mergers, Regulated Industries Seminar, Joint FTC/DOJ Presentation, Budapest, Hungary, June 2003.
Effective Merger Enforcement, Presentation to Asia-Pacific Economic Cooperation (APEC), Hanoi, Vietnam, August 2003.
Economic Analysis in the Legal Environment, Presentation to Staff of the Federal Energy Regulatory Commission, Washington, DC, October 13, 2004.
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