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Bruce D. Sokler

Member Emeritus

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Bruce retired from Mintz in 2026. He was Chair of the firm's Antitrust Practice.

Experience

viewpoints

The Federal Trade Commission (FTC) has a well-established role in promoting competition in the health care industry through enforcement, study and advocacy. To that end, the agency actively urges the opening of health care markets to a broader range of providers.
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In a significant groundbreaking victory, on January 24, 2014 after a bench trial, an Idaho federal district court judge upheld the FTC’s antitrust challenge to a hospital system’s (St. Luke’s) acquisition of a multispecialty physician group (Saltzer Medical Group) and ordered divestiture as a remedy.
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FTC Announces Annual HSR Thresholds Revision

January 17, 2014 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short, Helen Kim

The Federal Trade Commission (FTC) announced on January 17, 2014 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act).
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The Sixth Circuit recently revived an antitrust class action alleging a conspiracy between a processed milk bottler, a raw milk supplier and a raw milk processor to restrict milk supply in violation of Section 1 of the Sherman Act. Food Lion, LLC v. Dean Foods Co., No. 12-5457 (6th Cir. Jan. 3, 2014) (In re Southeastern Milk Antitrust Litig.).
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Under the antitrust merger guidelines, a maverick is a firm “that plays a disruptive role in the market to the benefit of customers.” In Washington political circles, a maverick often refers to a politician that does not hew faithfully to the party line.
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In 1997, most people thought of Amazon.com as mainly an online bookseller, you couldn't buy groceries at Wal-Mart or Target, and if you wanted floppy disks, VHS tapes, or a fax machine, you drove to your local Staples, OfficeMax, or Office Depot.
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For over a decade, the antitrust enforcers at the Federal Trade Commission have challenged the type of patent settlement where a brand-name drug manufacturer pays a prospective generic manufacturer to settle patent challenges, and the generic manufacturer agrees not to bring its generic to market for a specified number of years.
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Merger agreements often contain ancillary provisions that seem acceptable to the parties in the context of what they are obtaining from the transaction—and those provisions often do not get a hard look by antitrust legal advisors when the transaction is not reportable under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (“HSR Act”).
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On February 19, 2013, the U.S. Supreme Court unanimously held that state-action immunity does not protect a state-created hospital authority from antitrust scrutiny over a proposed hospital merger where the anticompetitive effect of such merger was not a “foreseeable result” authorized by the state. FTC v. Phoebe Putney Health System, Inc., 568 U.S. ___ (2013).
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FTC Issues Favorable Clinical Integration Advisory Opinion to Norman, Oklahoma PHO

February 14, 2013 | Alert | By Bruce Sokler, Christi Braun

Since the passage of the Affordable Care Act (ACA), much attention has been paid to the antitrust treatment of Accountable Care Organizations, provider ventures contemplated by the ACA that the Federal Trade Commission and Department of Justice have said are, essentially, clinically integrated organizations.
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News & Press

Press Release Thumbnail Mintz

JD Supra has recognized ten Mintz attorneys in its 2025 Readers’ Choice Awards. The awards recognize attorneys and firms whose articles on the JD Supra platform were most read by C-suite executives, in-house counsel, media, and other professionals during 2024. 

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Hospital Consolidation

December 4, 2017|

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podcasts

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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Events & Speaking

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Jan
28
2026

2026 AI Policy Outlook

The New England Council's Technology & Innovation Working Group

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Jan
15
2025
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May
17
2018

Antitrust in Healthcare

American Bar Association and American Health Lawyers Association

The Ritz-Carlton Arlington, VA

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Bruce D. Sokler

Member Emeritus