J. BruceMcDonald

Partner

Houston + 1.832.239.3822 Washington + 1.202.879.5570

Bruce McDonald represents energy, transportation, and telecommunications companies in antitrust government investigations and enforcement actions, merger reviews, and antitrust private litigation. He has worked extensively in related sectors, including petroleum and petrochemicals, oil field services, electricity, aviation, satellite communications, and media.

Bruce served as deputy assistant attorney general with the United States Department of Justice (DOJ) for four years from 2003 to 2007. While at DOJ his antitrust enforcement responsibilities covered energy, telecommunications, transportation, health care, and regulated markets. The attorney general appointed Bruce to serve as DOJ's representative on the Electric Energy Competition Task Force created by Congress. He was also part of the U.S. delegation that negotiated the "open skies" agreement between the United States and the European Union.

Bruce previously served as chair of the State Bar of Texas' Antitrust & Business Litigation Section, as chair of the ABA Antitrust Section's Transportation & Energy Committee, and chair of the Houston Bar Association's Antitrust Section. Bruce has testified before committees of the United States Senate and House of Representatives and speaks and writes frequently on antitrust law enforcement and policy. He also taught antitrust and trade regulation as an adjunct professor at the University of Houston Law Center. He is a member of the Supreme Court Bar of the United States, the State Bar of Texas, the District of Columbia Bar, and the American Bar Association. Bruce is involved in community and pro bono matters that serve church, civic, and family and youth organizations.

Experience

  • Verizon agrees to $3.3 billion tower prepaid lease transaction with Vertical BridgeJones Day is advising Verizon Communications, Inc. in a prepaid lease transaction with Vertical Bridge REIT LLC. In connection with the transaction, Vertical Bridge will obtain the exclusive rights to lease, operate and manage more than 6,000 wireless communications towers across all 50 states and Washington, D.C. from subsidiaries of Verizon for a total value of approximately $3.3 billion, including certain commercial benefits. The transaction is structured as a prepaid lease with upfront proceeds of approximately $2.8 billion in cash.
  • Jones Day represents CITGO in court-ordered saleJones Day is representing CITGO in connection with the proposed court-ordered sale of CITGO by a Special Master appointed by the United States District Court for the District of Delaware to Amber Energy, backed by Elliott Investment Management.
  • Magellan resolves crude oil monopolization litigationJones Day's client Magellan Midstream Partners successfully defended a Texas state court monopolization action brought by a crude oil transportation and storage provider rival in Texas, which alleged that Magellan, a subsidiary of ONEOK, unlawfully maintained a monopoly in transportation and storage markets by excluding the rival from Magellan's pipeline distribution system in Houston.
  • SER Capital Partners acquires Charah Solutions, Inc.Jones Day advised SER Capital Partners in its acquisition of all of the issued and outstanding shares of common stock of Charah Solutions for a consideration of $6.00 per share.
  • TotalEnergies completes PIPE investment in NextDecade Corporation and investment in $18.5 billion Rio Grande LNG ProjectJones Day represented TotalEnergies in connection with its PIPE investment in NextDecade Corporation and investment in the Rio Grande LNG (RGLNG) Project, a planned natural gas liquefaction project in South Texas.
  • ABS sells technical inspection service line to ApaveJones Day advised ABS Group of Companies, Inc. in the sale by one of its subsidiaries, ABSG Consulting, Inc., of its technical inspection service line to Apave Group, an international inspection group.
  • TotalEnergies' affiliate Cray Valley sells three product lines to Pacific Avenue Capital PartnersJones Day is advising Total Energies on its sale of three product lines to Pacific Avenue Capital Partners (Wingtack®, PolyBD® and Dymalink®) developed by Cray Valley, its resin production and sales affiliate.
  • Applus Technologies sold to Opus InspectionJones Day advised Applus Servicios Tecnologicos, S.L.U. in the sale of one of its U.S. subsidiaries, Applus Technologies Inc., to Opus Inspection, Inc.
  • Marubeni sells global grain business of Gavilon Agriculture InvestmentJones Day advised Marubeni Corporation in the sale of the global grain business of Gavilon Agriculture Investment, Inc. to Viterra Limited, following a reorganization of Gavilon’s structure.
  • MassMutual enters into approximate $840 million transaction for purchase and financing of natural gas assets located in Pennsylvania and West VirginiaJones Day represented Massachusetts Mutual Life Insurance Company and MassMutual Ascend Life Insurance Company in connection with (a) the acquisition and financing of asset-backed notes and certificates the proceeds of which were used to acquire proved, developed, and producing ("PDP") natural gas assets in Pennsylvania and West Virginia and (b) the formation of a limited partnership and the subsequent acquisition of six proven-undeveloped natural gas wells located in Pennsylvania and West Virgina.
  • Owens Corning acquires Natural PolymersJones Day advised Owens Corning (NYSE: OC) in the acquisition of Natural Polymers, LLC, an innovative manufacturer of spray polyurethane foam insulation for building and construction applications.
  • Owens Corning acquires WearDeck®Jones Day advised Owens Corning in the acquisition of WearDeck®, a premium producer of composite weather-resistant decking for commercial and residential applications in North America, from JR Plastics Corporation.
  • FirstEnergy sells $2.4 billion minority transmission stake to BrookfieldJones Day represented FirstEnergy Corp. in its $2.4 billion sale of a 19.9% equity stake in its subsidiary FirstEnergy Transmission, the holding company for FirstEnergy’s three regulated electric transmission businesses.
  • MassMutual and affiliate Great American Life Insurance Company enter into financing arrangement with others to purchase approximately $800 million of asset-backed notes to fund acquisition of natural gas assets located in TexasJones Day represented Massachusetts Mutual Life Insurance Company and Great American Life Insurance Company in connection with the issuance and purchase of approximately $800 million of asset-backed notes and certificates, the proceeds of which are being used to acquire natural gas assets located in Texas.
  • OGE Energy being advised in unit-for-unit merger of Enable Midstream Partners LP by Energy Transfer LP for $7.2 billionJones Day advised OGE Energy Corp. ("OGE") in connection with the acquisition of Enable Midstream Partners LP by Energy Transfer LP in a unit-for-unit merger transaction valued at $7.2 billion.
  • Huntington Ingalls Industries acquires Alion Science and Technology for $1.65 billionJones Day advised Huntington Ingalls Industries in the $1.65 billion acquisition of Alion Science and Technology Corporation from Veritas Capital.
  • International chemicals producer reviews antitrust aspects of transactionJones Day provided antitrust counsel to an international chemicals producer in a multi-national merger control matter.
  • Daikin acquires ElitAireJones Day advised Daikin in its acquisition of ElitAire.
  • Bombardier sells transportation business to Alstom for €6.2 billionJones Day served as antitrust and French corporate counsel in the €6.2 billion sale of Bombardier Inc.'s transportation business to Alstom S.A.
  • Daikin acquires ABCO HVACR Supply + SolutionsJones Day advised Daikin North America LLC, a subsidiary of Daikin Industries, Ltd. and the world's largest manufacturer of heating, cooling, and refrigerant products, in the acquisition of ABCO HVACR Supply + Solutions, the leading full line distributor of HVAC and refrigeration systems and supplies in the Northeastern United States.
  • Additional Publications

    • September 2023
      DOJ and FTC Radically Revise Antitrust Merger Guidelines: FAQs for Business
    • 2020
      Waldman, McDonald and Gleason, Jones Day Antitrust Law Answer Book
    • December 2020
      The Future of Airline Booking: A Bumpy Ride for the Sabre-Farelogix Merger, ABA Air & Space Lawyer, Volume 33, Number 4
    • May 2019
      When One Door Closes: Court Requires Divestiture in Long-Consummated Merger, The M&A Lawyer, Volume 23, Issue 5
    • January 2019
      U.S. Antitrust Agencies Introduce Reforms to Speed Up Merger Reviews. Republished by M&A Lawyer, January 2019, Vol. 23, Issue 1 and Transaction Advisors, January 2019
    • January 2019
      U.S. Antitrust Agencies Introduce Reforms to Speed Up Merger Reviews, The M&A Lawyer, 22 No. 9 M&A Law. NL 1
    • June 2014
      Successful Merger of American Airlines and US Airways Shows Facts, Facts, Facts Critical to Antitrust Review, The Texas Lawbook (June 25, 2014)

    Additional Speaking Engagements

    • February 2021
      Antitrust Enforcement Under the Biden Administration
    • October 27-28, 2020
      Chair’s Remarks and panel on Reviewing Key Aspects of Joint Ventures, Antitrust TX 2020 conference
    • September 24, 2019
      Chair’s Remarks, Antitrust TX 2019 conference
    • September 17, 2019
      Remarks welcoming 2019 award recipient Marion C. Blakey, L. Welch Pogue Award for Lifetime Achievement in Aviation
    • July 4, 2018
      Pay Up, Sell Off, or Do What You’re Told: The Wild World of Antitrust Remedies, NERA Antitrust Summit
    • June 21, 2018
      DOJ v. AT&T/Time Warner and the Future of Antitrust Enforcement, State Bar of Texas Antitrust & Business Litigation Section
    • April 11, 2017
      Antitrust in the New Administration: Change That Matters?, Houston Bar Association Antitrust & Trade Regulation Section
    • June 22, 2016
      Remarks welcoming 2016 award recipient JetBlue Airways CEO Dave Barger, L. Welch Pogue Award for Lifetime Achievement in Aviation
    • April 28, 2016
      Aviation Competition seminar, Civil Aviation Administration of China
    • February 1, 2016
      DOJ v. United Airlines, American Bar Association presentation
    • October 7, 2015
      International Antitrust Conference: Antitrust Worldwide for Companies in Texas
    • May 7, 2015
      Turmoil in the Oil Patch: Risks and Opportunities for Oil & Gas Companies and Investors, Jones Day seminar
    • February 26, 2015
      Roundtable on Competition Law, IATA Legal Symposium
    • October 26, 2013
      Presentation on airline mergers, joint ventures, and antitrust litigation, Fifth Annual McGill Conference on International Aviation
    • May 29, 2013
      Antitrust Law in the Aviation Industry
    • May 16, 2013
      New Antitrust Challenges for U.S. Companies Around the Globe
    • June 22, 2011
      Executive Roundtable Series - Growing Your Business: How to Handle Legal and Regulatory Hurdles Both Before and After They Arise
    • April 1, 2011
      The Southwest -AirTran Merger: Important Airline Competition Issues; Local Effects, DC Bar presentation
    • March 8, 2011
      Disgorgement by the DOJ and FTC, ABA Antitrust Section Spring Meeting
    • March 7, 2011
      Developments at the Antitrust Enforcement Agencies, ABA Public Utility, Communications & Transportation Section Spring Meeting
    • February 15, 2011
      Antitrust Litigation for Airlines, International Air Transport Association Legal Symposium
    • October 12, 2010
      Antitrust Under the Obama Administration and the "New" Supreme Court
    • February 16, 2010
      Executive Roundtable Series: Antitrust in the Obama Administration: Developments in the First Year and What to Expect Next
    • June 26, 2009
      Are There Different Rule of Reason Tests for Vertical and Horizontal Conduct?, ABA Antitrust Section teleconference
    • May 28, 2009
      The Department of Justice, Remarks to The Archer Center, University of Texas
    • February 20, 2009
      U.S. Antitrust Regime: Agencies, Investigation Procedures, and Methods, China-US Law Seminar
    • February 20, 2009
      M&A, Joint Ventures, & Airline Alliances, China-US Law Seminar
    • November 13, 2008
      Past is Prologue -- Taking a Hard Look at the Last Administration's Agenda and Accomplishments, ABA Antitrust Section Fall Forum
    • September 2008
      Global Air Transportation Industry Forum, Sponsored by EDS and Microsoft
    • March 27, 2008
      From Standard Oil to Today: Antitrust Enforcement in the Oil Industry, ABA Antitrust Section Spring Meeting
    • February 10-12, 2008
      Managing Global Change: The New Legal Challenges - IATA Legal Symposium 2008
    • November 11, 2007
      Compliance Policies and Programs: Perspectives of Government and Client, Association for Corporate Counsel and Pennsylvania Bar Association program on Antitrust Compliance and Antitrust Issues in Business Transactions
    • October 4, 2007
      Changes in the Airline Industry – New Entrants, Mergers, Alliances, Competition, and Consolidation: Responding to Breaking Events, American Bar Association Forum on Air & Space Law 2007 Annual Meeting
    • October 3, 2007
      Antitrust Enforcement in the Energy Industry: Perspectives From Inside the Government
    • September 25, 2007
      U.S. Antitrust Enforcement and Issues for European Business, remarks at breakfast seminar
    • June 13, 2007
      Second Guessing Federal Merger Enforcement, CRA International Current Topics in Antitrust Economics and Competition Policy
    • May 24, 2007
      Approval of Consent Decrees: Telecom Mergers Yield the First Interpretation of 2004 Tunney Act Amendments, American Bar Association teleconference
    • May 11, 2007
      International Merger Control, University of London conference on Trends and Developments in Global Competition Law
    • February 12, 2007
      Competition in the Air, The International Air Transport Association, Legal Symposium 2007
    • September 6, 2006
      Examining Competition in Group Health Care, testimony, Committee on the Judiciary, United States Senate
    • July 25, 2006
      Competition in Real Estate Brokerage Services, testimony, Committee on Financial Services, United States House of Representatives
    • July 18, 2006
      Refusals to Deal, moderator, DOJ/FTC Joint Hearings on Single Firm Conduct and Antitrust Law
    • June 23, 2006
      The Antitrust Division & Two-Sided Markets, eSapience Conference on Antitrust for Two-Sided Markets Conference, Massachusetts Institute of Technology
    • July 6, 2006
      The Trans-Atlantic Antitrust Dialogue: What Do You Know?, British Institute of International Comparative Law, Trans-Atlantic Dialogue conference
    • May 9, 2006
      Antitrust Enforcers Roundtable, Practicing Law Institute 47th Annual Antitrust Law Institute
    • March 29, 2006
      Breakfast with the Antitrust Division deputies, ABA Antitrust Section Spring Meeting
    • March 29, 2006
      Exclusive Dealing Agreements: A New Frontier?, DOJ Perspective, ABA Antitrust Section Spring Meeting
    • February 3, 2006
      Federal and State Enforcement Roundtable, Practicing Law Institute 45th Annual Advanced Antitrust Seminar: Distribution & Marketing
    • September 27, 2005
      Duty to Deal with Others, panelist, International Bar Association
    • November 3, 2005
      Antitrust for Airlines, Regional Airline Association President's Council Meeting
    • October 28, 2005
      Recent Developments in U.S. and European Union Enforcement of Antitrust Activities, SMU Law Review Association Corporate Counsel Symposium
    • June 24, 2005
      Evaluating the Competitive Effects of Exclusive Dealing Agreements from the Government Perspective, panelist, ABA Antitrust Section Teleconference
    • June 16, 2005
      Section 2 and Article 82: Cowboys and Gentlemen, The College of Europe Global Competition Law Centre, Second Annual Conference on The Modernisation of Article 82
    • May 24, 2005
      Antitrust Enforcement and Merger Review: Convergence between EU and U.S. Jurisdictions, The Mentor Group Forum for EU-US Legal-Economic Affairs
    • May 4, 2005
      Telecommunications and Media Merger Environment, Stanford Washington Research Group 2005 Institutional Policy Conference
    • March 30, 2005
      Breakfast with the Antitrust Division deputies, ABA Antitrust Section Spring Meeting
    • March 29, 2005
      Section 2 in a Second Bush Administration, ABA Antitrust Section Spring Meeting
    • March 17, 2005
      February 24, 2005
      Update from the Antitrust Division, Antitrust Primer and Update 2005 Conference, Lighthouse Seminar Group
    • February 15, 2005
      Remarks to Regulatory Source Associates Annual Telecom Regulation Conference
    • January 6, 2005
      2004 Antitrust Division Review, Recent Developments in Antitrust Law, Virginia State Bar Antitrust Section Winter CLE Luncheon
    • November 19, 2004
      Conduct/Civil Nonmerger Panel Enforcement Developments, panelist, ABA Antitrust Section Fall Forum
    • November 17, 2004
      Update from the Antitrust Division of the Department of Justice, Antitrust Review and Update Conference, Lighthouse Seminar Group
    • November 16, 2004
      DOJ Antitrust Enforcement and Corporate Compliance Programs, Dallas Bar Association Antitrust Section
    • November 6, 2004
      Balancing the Respective Roles of Regulation and Antitrust in the New Millennium, Phoenix Center 2003 Annual U.S. Telecoms Symposium
    • June 17, 2004
      Transatlantic Alliances, Relationships and Open Skies, British Institute of International Comparative Law, Sixth Competition Law Forum, Competition in Air Transport
    • April 27, 2004
      Antitrust Enforcement and Remedies Policy: Convergence between the EU and U.S. Jurisdictions toward Strengthening EU Competitiveness and the U.S. Market Economy, The Mentor Group Forum for EU-US Legal-Economic Affairs
    • April 8, 2004
      Trinko, Mergers, & More Antitrust, Houston Bar Association Antitrust Section
    • April 1, 2004
      The Struggle for Standards, ABA Antitrust Section Spring Meeting
    • March 31, 2004
      Transportation Update, ABA Antitrust Section Transportation Industry Committee
    • February 27-28, 2004
      Panelist, UCLA Law First Annual Institute on US and EU Antitrust Aspects of Mergers and Acquisitions
    • February 25, 2004
      The Economic Implications of Seafood Processor Quotas, testimony, Committee on Commerce, Science, and Transportation, United States Senate
    • January 21, 2004
      Interview with The Energy Antitrust News on DAAG for Regulatory Matters for the ABA Antitrust Section Fuel and Energy Industry Committee
    • December 3, 2003
      Antitrust Policy in the Changing Telecom Environment, Charles Schwab Capital Markets Washington Research Telecom Conference 2003
    • November 18, 2003
      The Outer Limits of Price Agreements, panelist, ABA Antitrust Section Fall Forum
    • October 17, 2003
      Latest Developments in the U.S. Telecommunications Industry, Symposium on Competition Policy in Telecommunication Markets, National Institute of Law, Chinese Academy of Social Sciences
    • September 16, 2003
      DOJ and FCC: Complementary Enforcement and Regulation in the Telecommunications Industry, 2003 Conference of the International Bar Association