D. Bruce Hoffman

  • Washington, DC

Bruce’s practice focuses on antitrust and unfair competition, including investigations and litigation.

Bruce serves as head of the global competition practice at Hunton & Williams, where he focuses on antitrust and unfair competition, including merger reviews, government investigations, and private and government antitrust litigation. Bruce also represents a broad range of clients in general commercial litigation.

Before joining the firm, Bruce served at the Federal Trade Commission in Washington, DC, as Deputy Director and previously Associate Director of Regional Litigation of the Bureau of Competition. During his tenure at the FTC, he oversaw the Bureau’s competition programs, activities and investigations and led numerous high-profile cases involving mergers, price fixing, monopolizations, conspiracies and other issues in a broad range of industries. He has also participated in amicus brief efforts before the US Supreme Court. Bruce is admitted to practice before the US Supreme Court, the US Courts of Appeals for the DC, Sixth, Eighth and Eleventh Circuits; the US District Courts for the District of Columbia, the District of Colorado, the Southern, Middle and Northern Districts of Florida, and the Western District of Wisconsin; and in the District of Columbia and all state courts in Florida.

Throughout his career, Bruce has been recognized as a highly respected lecturer and author on numerous topics. He regularly speaks at legal and industry seminars and conferences across the country, and publishes articles in a broad range of journals, magazines and other publications. In addition, Bruce has been retained to provide expert testimony on antitrust issues in litigation.

Relevant Experience

  • Represented one of the world’s largest supermarket chains before the Federal Trade Commission in connection with strategic divestitures of grocery assets in the United States.
  • Represented a leading provider of funeral, cremation and cemetery services before the Federal Trade Commission in investigation into proposed acquisition of another provider of funeral, cremation and cemetery services.
  • Represented one of the world’s largest music companies before the Federal Trade Commission in its $1.9 billion acquisition of the recorded music business of EMI Music. After a Second Request and an extensive investigation, the FTC voted 5-0 to close its investigation without requiring divestitures or other remedies.
  • Represented Delta Air Lines in the antitrust review of a proposed La Guardia and Reagan-National airport slot exchange with US Airways.
  • Represented Delta Air Lines before the U.S. Department of Justice in its successful acquisition of Northwest Airlines. Following a second request and extensive investigation, the DOJ closed its investigation without requiring any divestitures or other remedies.
  • Represented a major recording company in its acquisition of the Spanish-language music division of a major media company. The acquisition was cleared by the Federal Trade Commission.
  • Represented a leading producer of construction aggregates in its $4.6 billion acquisition of another leader in this industry. The merger was cleared with a divestiture after a second request from the DOJ.
  • Defending a major beverage manufacturer against allegations of anticompetitive collusion with retailers.
  • Successfully represented a major music company in antitrust investigations by state Attorneys General of licensing terms.
  • Representing leading paper products company in antitrust class actions alleging conspiracies.
  • Representing one of the U.S.’s largest health insurance companies in antitrust class actions alleging illegal agreements.
  • Representing leading insurance company in defense of cutting-edge antitrust cases by the U.S. DOJ, a state Attorney General, and numerous private plaintiffs challenging MFN clauses.
  • Counseled clients regarding antitrust issues that arise in connection with payment and other networks designed to facilitate transactions.
  • Obtained dismissal on the pleadings of antitrust price-fixing case against leading beverage companies and restaurants. Dismissal was affirmed on appeal.
  • Represented a major cement and concrete company in a series of class action lawsuits alleging price fixing in the markets for cement and concrete in Florida. Case settled on favorable terms after class certification was defeated.
  • SanDisk Corp. v. Phison Electronics Corp., et al (W.D. Wisc.). Trial counsel for global high technology company in patent and antitrust case. Case settled after full trial on the merits.
  • In re Lorazepam & Clorazepate Antitrust Litigation (D.C. Cir.). Representing two defendants in an appeal to the D.C. Circuit of a jury verdict on an antitrust action brought by health insurers alleging input foreclosure in markets for anti-anxiety drugs.
  • Compliance Marketing, et al. v. Drugtest, Inc., et al. (D. Colo.) Represented Drugtest, Inc. (DISA) in a multi-defendant, nationwide class action alleging a wide range of antitrust violations under Sections 1 and 2 of the Sherman Act. Working with counsel for numerous energy company defendants, developed theories that led to the dismissal of the case on the pleadings.
  • Advised a major U.S. company in its defense of a European Commission Statement of Objections alleging violations of European Union competition laws.
  • Brookshire Brothers, Ltd., et al. v. Chiquita Brands International, et al.; Solo v. Chiquita Brands International, et al. (S.D. Fla.). Defended one of the primary defendants in these two sets of national antitrust class action cases alleging price fixing in the market for bananas.
  • Government Experience: Oversaw FTC’s Bureau of Competition programs, activities, investigations and litigation; managed over 100 attorneys in two of the Bureau of Competition's four Merger Divisions, the Anticompetitive Practices Division, the International Division, the Policy and Coordination Division, and the Regional Offices.
  • Government Trials: Supervised and participated in numerous high-tech monopolization, price-fixing and conspiracy cases, including FTC v. Rambus, Inc.; FTC v. Union Oil Company of California; FTC v. North Texas Specialty Physicians; and FTC v. South Carolina Board of Dentistry. Participation included investigations, trial, and appellate work.
  • Government Merger Investigations: Supervised and participated in numerous high-profile merger investigations, including Harrah's/Horseshoe; GE/Vivendi Universal; Sunoco/El Paso Coastal Eagle Point refinery sale, Enterprise/GulfTerra, Shell/Magellan, and numerous other energy transactions; Wal-Mart/Supermercados Amigo (and other retail transactions); Carnival/Princess and Royal Caribbean/Princess (the “cruise line” mergers); Monster.com/HotJobs.com; and many others.
  • Amicus Brief Experience: Participated extensively in major amicus brief efforts, including the United States’ amicus brief to the Supreme Court on the merits in Verizon v. Trinko, and the United States’ amicus brief to the Supreme Court on certiorari in 3M Company fka Minnesota Mining and Manufacturing Co. v. LePage’s, Inc.