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Health Care Antitrust: Meeting the Challenge

American Health Law Association (AHLA)


Date: May 19, 2021

Time: 12:30PM - 1:30PM (EST)

Location: Virtual Event

Joe Miller will be a speaker on "Navigating Payer-Provider Contracts: Spotting the Antitrust Issues" during the virtual Health Care Antitrust: Meeting the Challenge program. This program will bring together an expert faculty made up of the leading federal and state government enforcers, private counsel, and highly experienced economists to share their insights and offer practical advice and policy recommendations and suggest what significant changes we might expect in 2021, and beyond.

Speakers will discuss the following questions during this session: 

  • Do the parties to the contract have market power?
    • Definition of market power
    • How to identify it
  • Does the conduct harm competition?
    • General approach to issue spot competition issues
    • Common categories of conduct that could harm competition
      • Exclusives
      • Most favored nations’ clauses
      • Anti-steering provisions
      • Vertical mergers (in place of/in addition to these conducts)
    • Case examples – BCBS MFN litigation, Atrium, Presbyterian, UPMC/Highmark, Optum/DaVita
  • Different audiences: courts versus regulators
  • Counseling takeaways


Joseph M. Miller is Co-chair of Mintz’s Antitrust Practice. He draws on in-house, law firm, and government experience to advise clients on transactions, government investigations, and merger reviews.