Bruce is a prominent antitrust attorney who is accomplished at the full range of antitrust matters: litigation and class actions, government merger reviews and investigations, and cartel-related issues. Although the health care, communications, and retail industries are a particular focus for Bruce, he represents companies in many other sectors. His client roster ranges from start-ups to Fortune 100 companies to nonprofit organizations. Bruce served as Managing Member of the firm’s Washington, DC office for 12 years and on the firm’s Executive Committee for 13 years.
Bruce is Chair of the Antitrust Section. He applies his extensive experience, understanding of clients' business, and judgment developed over decades in private practice to a broad range of antitrust matters, including government merger reviews and investigations and antitrust litigation. Chambers USA reports that he "is practical, very smart, and recognizes that you have to make business decisions."
In the antitrust area, Bruce’s practice includes antitrust counseling and representation in connection with federal and state governmental matters, including merger review, HSR second requests, and cartel matters, as well as private antitrust litigation, including class actions. He counsels and has represented Fortune 100 companies, not-for-profits, start-up entities, trade associations, and domestic and international joint ventures. Bruce has been involved in antitrust matters spanning a broad range of industries, but has particularly deep experience in the health care, communications, and retail industries. For example, Chambers USA attests that “he is one of those guys who understands the healthcare competition aspects very well.”
Bruce served as the Managing Member for the firm’s Washington, DC office from 1989 to 2001, and served on the firm’s Executive Committee from 1989 to 2002. He has been annually recognized by Best Lawyers in America, Super Lawyers, and Chambers USA for Antitrust: Washington, DC.
During law school, he served as editor-in-chief of the Georgetown Law Journal. Following his graduation from Georgetown, Bruce served as law clerk to Judge Edward Allen Tamm of the US Court of Appeals for the District of Columbia Circuit.
Education
- Georgetown University (JD)
- Princeton University (BA)
Experience
- Represent New York Stock Exchange Company a defendant major electronic component manufacturer in class action cartel antitrust litigation.
- Represented one of the nation’s leading Academic Medical Center and affiliated networks in antitrust matters including merger reviews and in parallel DOJ Antitrust Division and State Attorney General investigations.
- Represented one of the nation’s premier pharmacy chains in its $27 billion acquisition of a “big three” pharmacy benefits manager.
- Represented a market leading producer and distributor of environmentally-safe household products in its acquisition by another transnational consumer goods company.
- Represented a cable company in the first successful FTC clearance of the acquisition of an overbuilt cable system.
- Served as antitrust counsel for a hospital in its merger with another medical center.
- Represented major cable television providers and major programming networks in connection with a high-profile merger proceeding before the Department of Justice and state attorneys general.
- Served as lead counsel for an American telecom company in a purported nationwide antitrust class action. The suit alleged that the cable operator’s practice of leasing set-top boxes to customers who also purchase cable television services constitutes an illegal antitrust tie.
- Represented an American retail and pharmacy chain in an antitrust class action alleging unfair restriction for participation in a Rhode Island pharmacy network. We obtained summary judgment for the defendants, which was affirmed on appeal.
- Represented the regional council for a construction trade union in connection with a lawsuit brought by other trade unions alleging that provisions in the defendant’s collective bargaining agreements governing subcontracting of work within the defendant’s claimed trade jurisdiction result in an illegal restraint of trade in violation of the Sherman Act.
- Served as lead counsel for a major telecommunications carrier in multidistrict litigation involving 20 separate antitrust class action suits that were consolidated into a single MDL. The suits alleged that the cable industry’s practice of leasing set-top boxes to customers who also purchase cable television services constitutes an illegal tying arrangement under the antitrust laws.
- Represent one of the nation's most prestigious health care providers and hospital groups, since its creation over 20 years ago, to help it make smooth and efficient acquisitions and respond effectively to government investigations.
Recognition & Awards
- Chambers USA: District of Columbia – Antitrust (2012 – 2021)
- Best Lawyers in America: Antitrust Law (2012 – 2021)
- Washington DC Super Lawyers: Antitrust Litigation (2012 – 2021)
- JD Supra Readers' Choice Awards: Top Author in Antitrust & Trade Regulation (2020)
- Nightingale’s Healthcare News: Outstanding Healthcare Antitrust Lawyer (2007 – 2009)
- Martindale-Hubbell AV Preeminent
Involvement
- Member, American Bar Association
- Member, District of Columbia Bar Association
- Member, Federal Communications Bar Association
- Member, National Health Lawyers Association
Recent Insights
Viewpoints
News & Press
Viewpoints
Biden’s Executive Order on Antitrust Competition: What Does It Mean for the Health Care Industry?
July 19, 2021 | Podcast | By Joseph Miller, Bruce Sokler
Joe Miller and Bruce Sokler, Co-Chairs of Mintz's Antitrust Practice, discuss President Biden’s July 9 executive order, which called for a government-wide focus on antitrust competition issues and identified 72 initiatives across several industries.
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Busy Week for the FTC Shows Aspirations of and Limitations on Chair Khan’s Enforcement Agenda
July 9, 2021 | Blog | By Bruce Sokler, Joseph Miller, Alexandra Gallo-Cook
Last week was momentous for the Federal Trade Commission. First, the campaign use antitrust to reign in “Big Tech” faced a setback as the United States District Court for District of Columbia dismissed the FTC’s suit against Facebook (as well as a similar suit brought by virtually all the State Attorney Generals). In juxtaposition, on July 1, 2021, the FTC held an unusual open meeting of the Commission. Clearly indicating that she intends to utilize her 3-2 Democratic majority while she has it1, Chair Lina Khan passed several agenda items foreshadowing broad, aggressive antitrust enforcement activity by the FTC.
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President Biden’s Competition Executive Order’s “Encouragement” to the FTC and DOJ Antitrust Division
July 9, 2021 | Alert | By Bruce Sokler, Joseph Miller, Robert Kidwell
Read about President Biden’s July 9 Executive Order with 72 initiatives to promote competition in the U.S. economy, including through actions directed at labor markets and the health care, technology, agriculture, and banking sectors.
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International Coalition of Competition Enforcement Agencies Seek Public Comment to Explore “New or Refreshed” Theories of Competitive Harm Related to Pharmaceutical Mergers
May 13, 2021 | Blog | By Bruce Sokler, Joseph Miller, Tinny Song
On Tuesday, May 11, 2021, an international coalition of competition enforcement agencies including the Federal Trade Commission, the U.S. Department of Justice’s Antitrust Division, Offices of State Attorneys General, Canada’s Competition Bureau, the European Commission Directorate General for Competition, and the U.K.’s Competition and Markets Authority issued a notice seeking public input to inform their approaches to analyzing the competitive effects of pharmaceutical mergers.
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The Tail Cannot Wag the Dog: the U.S. Supreme Court Rules that the FTC Cannot Seek Equitable Monetary Relief in Section 13(b) Cases
April 27, 2021 | Blog | By Bruce Sokler, Evelyn French
On April 22, 2021, in a unanimous decision authored by Justice Stephen Breyer, the U.S. Supreme Court ruled that the Federal Trade Commission (“FTC”) does not have the authority to seek monetary relief under Section 13(b) of the FTC Act. The decision in AMG Capital Management, LLC v. Federal Trade Commission has significant ramifications for the FTC’s enforcement authority in federal courts. Additionally, it is likely that this ruling will spur Congress to take a serious look at amending Section 13(b) to provide an express right to equitable monetary relief. Indeed, just today, in testimony before the House Energy and Commerce Subcommittee on Consumer Protection and Commerce, the FTC asked Congress to pass such an amendment.
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Pass the Salt: DOJ Requires Stone Canyon to Divest Its Evaporated Salt Business to Obtain Merger Clearance
April 22, 2021 | Blog | By Bruce Sokler, Tinny Song
Earlier this week, Stone Canyon Industry Holdings LLC (“Stone Canyon”) and its portfolio company SCIH Salt Holdings Inc. (“SCIH”) reached a settlement agreement with the Department of Justice (“DOJ”) to resolve its investigation of SCIH’s proposed acquisition of Morton Salt Inc. (“Morton”). Under the terms of the settlement agreement, which is subject to Tunney Act review, Stone Canyon and SCIH are required to divest all assets relating to evaporated salt in order to proceed with the Morton acquisition. This settlement agreement is noteworthy in that the divestiture was of the buyer to divest its own assets in order to proceed with the transaction, and the DOJ and the parties reached agreement without a divestiture buyer identified.
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Staffing Company Criminally Indicted for Targeting School Nurses in Wage-Fixing and No-Poach Scheme
March 31, 2021 | Blog | By Bruce Sokler, Farrah Short
The Department of Justice (“DOJ”) announced yesterday a criminal indictment returned by a federal grand jury in Las Vegas, Nevada charging a health care staffing company and its former manager of entering into and engaging in a conspiracy with a competitor to allocate and fix the wages of employee nurses in violation of Section 1 of the Sherman Act (15 U.S.C. § 1).
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DOJ Reaches Acquisition Settlement with Geisinger, Evangelical; Demonstrates Department’s Willingness to Challenge a Minority Investment
March 8, 2021 | Blog | By Bruce Sokler, Evelyn French
Last week, Geisinger Health (“Geisinger”) and Evangelical Community Hospital (“Evangelical”) reached a settlement agreement with the Department of Justice (“DOJ”), resolving the DOJ’s ongoing litigation challenging Geisinger’s partial acquisition of Evangelical. Notably, the settlement agreement, among other terms, limits Geisinger’s ownership interest in Evangelical to a 7.5% passive investment and prevents Geisinger from exercising any control or influence over Evangelical.
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FTC Abandons Appeal of Philadelphia Hospital Merger, Allowing Jefferson and Einstein to Proceed with Creation of 18-Hospital System
March 2, 2021 | Blog | By Bruce Sokler, Joseph Miller, Robert Kidwell
Back in December, we wrote about a district court ruling rejecting the Federal Trade Comission’s (“FTC”) motion to enjoin the proposed combination of Thomas Jefferson University (“TJU”) and Albert Einstein Healthcare Network (“Einstein”) that would create an 18-hospital system in the Philadelphia area. The FTC and the Pennsylvania Attorney General had alleged the merger would lead to TJU/Einstein controlling at least 60% of the inpatient GAC hospital services market in a portion of Philadelphia. Following the district court decision, the FTC quickly appealed to the Third Circuit Court of Appeals and filed an emergency motion for a stay pending appeal. Days later, a three-judge panel denied the government’s motion without comment.
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Fourth Circuit Affirms District Court’s First-of-Its-Kind Divestiture Order in Private Merger Challenge
February 23, 2021 | Blog | By Bruce Sokler, Tinny Song
On February 18, 2021, the United States Court of Appeals for the Fourth Circuit upheld the divestiture order issued by the U.S. District Court for the Eastern District of Virginia in a private merger challenge brought by Steves and Sons Inc. (“Steves”) against Jeld-Wen Inc. (“Jeld-Wen”) relating to Jeld-Wen’s acquisition of CraftMaster Manufacturing Inc. (“CMI”) in 2012. While divestitures are the government’s preferred remedy when it challenges a merger, this case represents the first instance when this remedy was ordered in a private litigation.
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News & Press
The American Health Law Association’s recent Antitrust Practice Group Bulletin featured a Q&A with Mintz Member and Co-chair of the firm’s Antitrust Practice Bruce Sokler.
Mintz Recognized by Chambers USA 2019
April 26, 2019
Antitrust Case against BCBS to Continue under Per Se Standard
February 1, 2019
In this article, authors Bruce Sokler and Farrah Short discuss a long-running anti-trust case, the Eleventh Circuit recently denied defendant Blue Cross Blue Shield’s interlocutory appeal of the district court’s ruling that certain allegedly restrictive practices of defendants must be analyzed under the per se standard rather than the more lenient rule of reason standard.
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Mintz is pleased to announce that eight attorneys have been named Washington, D.C. Super Lawyers for 2018 and three others have been named Washington, D.C. Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement.
Mintz Honored by JD Supra's 2018 Reader's Choice Awards
March 19, 2018
Mintz is proud to be recognized by JD Supra in its 2018 Reader’s Choice awards. The annual program highlights the most widely read authors and articles throughout the past year. Five Mintz attorneys were named JD Supra Top Authors in four different industries.
Antitrust World Eyes Justices On AmEx Steering Case
February 23, 2018
Bruce Sokler, the Chair of Mintz’s Antitrust practice, was quoted in Law360’s article on a February 26th Supreme Court case regarding a dispute over anti-steering provisions in American Express merchant agreements.
Hospital Consolidation
December 4, 2017
Bruce Sokler is the Chair of Mintz’s Antitrust practice is quoted in this Managed Care Magazine article on the subject of the sway the Federal Trade Commission holds in matters such as health system and hospital mergers.
What’s at Stake in the AmEx Merchant Rules Case?
October 16, 2017
Washington D.C. Member Bruce Sokler, Chair of Mintz’s Antitrust practice, is quoted in this Law360 article covering the AmEx anti-steering provisions case which the U.S. Supreme Court will take up. The article notes the unique role of the Supreme Court in the matter.
Physician Practice Acquisitions And Antitrust Scrutiny
September 19, 2017
Chair of Mintz’s Antitrust section Bruce Sokler, along with Member Rob Kidwell and attorneys, Farrah Short Shawn Skolky collaborated on an article regarding the Washington state attorney general’s office suit against the expansion efforts of Franciscan Health System.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
DOJ About-Face In High Court AmEx Case Has Attys Puzzled
August 9, 2017
Bruce Sokler, the Chair of Mintz’s Antitrust practice, is quoted in this Law360 article discussing the Supreme Court case involving American Express Co.’s merchant anti-steering rules.
Chambers USA 2017 Ranks Mintz Attorneys & Practices
May 26, 2017
The 2017 Chambers USA: America's Leading Lawyers for Business guide ha recognized 49 Mintz attorneys as “Leaders in Their Fields.” Practice highlights include top rankings for banking and finance.
Eight Mintz attorneys have been named Washington, D.C. Super Lawyers for 2017 and four have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in The Washington Post Magazine and in a stand-alone magazine, Washington D.C. Super Lawyers Magazine.
Discord Between Ballad Health and the FTC
April 23, 2017
Member and leader of the firm’s Antitrust practice Bruce Sokler is among those providing insight in this piece discussing strife between the Federal Trade Commission and a proposed hospital merger, to be known as Ballad Health.
Mintz Named Top Firm in Energy and Eleven Attorneys Featured in JD Supra’s 2017 Reader’s Choice Awards
March 20, 2017
JD Supra has recognized Mintz in its 2017 Reader’s Choice awards, highlighting the most widely read authors and articles over the past year. Eleven Mintz attorneys were named JD Supra Top Authors in four industries and Mintz was recognized as the Top Firm with readers in the Energy Industry.
Emboldened, the FTC Seems Ready to Fight More Mergers
November 21, 2016
Bruce Sokler, the Chair of Mintz’s Antitrust Practice, was quoted in a Managed Care Magazine article discussing how a court ruling to block a merger between two Pennsylvania health systems could lead to stronger resistance from and greater success for the FTC in future health care system mergers.
Chicago Hospital Case Could Hinge on Efficiency Argument
November 3, 2016
Bruce Sokler, the Chair of Mintz’s Antitrust Practice, is quoted in a Bloomberg BNA Antitrust & Trade Regulation Resource Center article on the ongoing antitrust case against Advocate Health Care and NorthShore University Health System.
Mintz Represents Seventh Generation, Inc. in Sale to Unilever
October 27, 2016
Mintz attorneys represented Seventh Generation, Inc. in its recent sale to Unilever. Based in Vermont, Seventh Generation is a pioneer in corporate responsibility and sustainable product innovations, including plant-based detergents and household cleaners.
FTC wins appeal to halt Penn State Hershey/PinnacleHealth merger
September 28, 2016
Bruce Sokler, the Chair of Mintz’s Antitrust Practice, is quoted in a Modern Healthcare article discussing the Federal Trade Commission’s win in its appeal to stall the Penn State Hershey merger with PinnacleHealth.
DOJ Loss In AmEx Case Could Imperil Hospital Steering Suit
September 27, 2016
Chair of Mintz’s Antitrust Practice Bruce Sokler is quoted in this Law360 article covering the difficulties the U.S. Department of Justice may face moving forward with its antitrust case against Carolinas HealthCare System.
Hospital Merger Stalls After FTC Court Win
September 27, 2016
Bruce Sokler, the Chair of Mintz’s Antitrust Practice, is quoted in this Bloomberg BNA article covering delays in a hospital merger resulting from the U.S. Federal Trade Commission’s court win.
Six Mintz Members to Speak at 2016 IBA Annual Conference
September 12, 2016
Six Mintz Members will speak at the 2016 International Bar Association Conference. The Members are Robert I. Bodian, Richard R. Kelly, Heidi A. Lawson, Bruce D. Sokler, Stephen M. Weiner, and Laura Bange Stephens.
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas.
What Have Merchants Gained From Payment Card Litigation?
August 10, 2016
Mintz Members Bruce Sokler and Robert Kidwell, and Special Counsel Farrah Short, authored this Law360 column about the war being waged between businesses that accept payment cards and payment card fees and protective network rules.
Chair of Mintz’s Antitrust Practice Bruce Sokler is quoted in this FTC Watch article on the FTC's loss in their attempt to block two Chicago-area hospitals from merging. The federal judge found their “approach to defining geographic markets ‘flawed’.”
5 Questions To Watch As DOJ Targets Carolinas HealthCare
June 13, 2016
Bruce Sokler, Chair of Mintz’s Antitrust Practice, is quoted in a Law360 story on the U.S. Department of Justice’s antitrust suit against Carolinas HealthCare System.
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
5 Ways to Ease the Pain of an Antitrust Review
May 23, 2016
Chair of Mintz’s Antitrust Practice Bruce Sokler is quoted in this Law360 article on steps deal makers who enter business transactions can take to better brace themselves for antitrust review.
Bruce Sokler, Chair of Mintz’s Antitrust Practice, is quoted in The Street in a discussion of the Halliburton-Baker Hughes deal, which would involve the second and third largest companies in the oilfield services industry merging.
Mintz’s Antitrust Practice Chair Bruce Sokler is quoted in this Financial Times article discussing Halliburton’s plan to purchase Baker Hughes. The piece notes the Department of Justice hopes to block the deal through an antitrust lawsuit.
Rodeo Associations Fail to Rein in Each Other in Round 1
February 9, 2016
Chair of Mintz’s Antitrust Practice Bruce Sokler and Farrah Short, Antitrust Special Counsel, authored this Law360 column on a legal battle between two rodeo associations.
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C. attorneys as “Leaders in Their Fields.”
Seven Mintz attorneys have been named Washington, D.C. Super Lawyers for 2015 and five have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in Washington Post Magazine and in a stand-alone Washington D.C. Super Lawyers Magazine.
Mintz’s Wins Significant Antitrust Case for C-SPAN
June 10, 2013
Mintz Advises on Top Greentech Deal of 2012
January 08, 2013
Events
Speaker
May
17
2018
Antitrust in Healthcare
American Bar Association and American Health Lawyers Association
The Ritz-Carlton Arlington, VA
Speaker
Speaker
Speaker
Moderator
Apr
23
2015