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Joseph M. Miller

Member / Co-chair, Antitrust Practice

[email protected]

+1.202.434.7434

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Joe is a seasoned antitrust attorney and Co-chair of the firm’s Antitrust Practice. He has nearly 30 years of experience that spans roles in private practice, as a general counsel, and with federal antitrust enforcement agencies. He focuses his practice on providing strategic transactional advice and representing clients in government investigations and merger reviews. Joe primarily works with clients in the health care industry.

His work includes representing health care companies before the FTC and DOJ in merger reviews, counseling them on the antitrust aspects of transactions, and advising on risks associated with payer-provider contracting. He also advises pharmaceutical distributors, hospitals, health plans, and physician groups on a broad range of compliance issues, including information sharing, contractual arrangements, and interactions with competitors.

Prior to joining Mintz, Joe was a partner at a Washington, DC-based international law firm, where he was on the steering committee of the firm’s Antitrust Group as well as a member of the firm’s Health Care Group.

Before returning to private practice, Joe was the general counsel of a national trade association for the health insurance industry. Along with supervising a team of attorneys, he served as the association’s policy lead on health care competition issues, regularly testifying before Congress, advocating for positions at FTC policy roundtables, and participating in health care symposia.

Earlier in his career, Joe served as Assistant Chief of the Health Care and Consumer Products Section of the US Department of Justice’s Antitrust Division, a lead attorney on DOJ antitrust investigations in multiple industries, and a trial attorney in the Federal Trade Commission's Bureau of Competition.

Joe is a sought-after speaker at trade association events, including the American Health Lawyers Association (AHLA) and America’s Health Insurance Plans (AHIP), as well as at the American Conference Institute, American Bar Association Antitrust Law Section, government agencies, and private organizations. He is also frequently quoted in national legal and business publications, including Bloomberg periodicals, Corporate Counsel, Global Competition Review, and Law360.

Representative Matters

  • Represented a Georgia-based health care system in securing FTC clearance of its merger with a major competitor, including advising on compliance with the FTC’s second request.
  • Represented a major health insurance company in proceedings before the DOJ Antitrust Division and in federal district court related to its attempted merger with another insurer.
  • Advised the Massachusetts Association of Health Plans on the merger proposal of two Massachusetts-based hospital systems.
  • Represented a media corporation before the DOJ Antitrust Division in connection with the bankruptcy sale of one of its California-based newspapers.
  • Represented several health plans as third parties in FTC pharmacy merger investigations.

Education

  • George Mason University (JD)
  • Emory University (BA)

Recent Insights

News & Press

Viewpoints

Antitrust Viewpoint Thumbnail

U.S. Department of Justice Issues First COVID-19-Related Business Review Letter to Medical Supplies Distributors

April 6, 2020 | Blog | By Bruce Sokler, Joseph MIller, Shawn Skolky, Tinny Song

Back in March, we wrote a blog post regarding the FTC and DOJ’s joint statement on antitrust guidance for COVID-19 public health efforts. As part of the press release, the Agencies announced that companies could request an expedited staff opinion on requests for review of collaborative COVID-19-related business efforts. The Agencies would endeavor to respond to all requests within seven business days. On Saturday, the DOJ issued its first business review letter, allowing to come to fruition a joint effort by McKesson, Owens & Minor, Cardinal Health, Medline, and Henry Schein (the “Medical Supplies Distributors”) to expedite and increase manufacturing, sourcing, and distribution of personal-protective equipment (PPE) and COVID-19-related medication.
Read more
Antitrust Viewpoint Thumbnail
As the COVID-19 pandemic continues to spread, so too have concerns about collaboration between competitors attempting to address unmet needs due to this national emergency. Shortages of medical supplies, personal protective equipment (PPE), and health care services pose questions of whether stakeholders can join forces in order to provide these much needed services and supplies.
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Tackling False Claims Being Made for COVID-19 Treatments and Products

March 24, 2020 | Blog | By Christian Tamotsu Fjeld, Joanne Hawana, Karen Lovitch, Joseph MIller, Aaron Josephson

Two weeks ago, on March 9, the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) sent warning letters to seven companies that allegedly made false or deceptive claims about their products’ ability to treat Coronavirus Disease 2019 (COVID-19).  The agencies warned the companies that their health claims lacked credible supporting evidence and emphasized the FDA does not recognize a vaccine, drug, or treatment for the disease.  
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News & Press

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Firm plays a key role in the largest health care acquisition to date in 2020.
News Thumbnail
An article published by The National Law Journal highlighted the arrival of Joseph Miller as Co-chair of Mintz’s Antitrust Practice and a Member in the firm’s Health Law Practice, based in Washington, D.C. Mr. Miller is a seasoned antitrust attorney with nearly 30 years of experience that spans roles in private practice, as a general counsel, and with federal antitrust enforcement agencies. He focuses his practice on providing strategic transactional advice and representing clients in the health care and pharmaceutical industries in government investigations and merger reviews.
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Mintz Member and Co-Chair of the firm’s Antitrust Practice Joseph M. Miller co-authored an article published by The Lexis Practice Advisor Journal’s 2019 Healthcare Practice Special Edition  that explained how antitrust enforcers, primarily the Federal Trade Commission, analyze healthcare provider mergers, including hospital, outpatient, and physician-group mergers.
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Mintz Member and Co-Chair of the firm’s Antitrust Practice Joseph M. Miller co-authored an article published by The Lexis Practice Advisor Journal explaining how antitrust enforcers, primarily the Antitrust Division of the Department of Justice, analyze health-insurer mergers.
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Mintz Member and Co-Chair of the firm’s Antitrust Practice Joseph M. Miller co-authored an article published by Competition Policy International on Anthem Inc.’s proposed merger with Cigna Corp. and its implications regarding how the Antitrust Division of the Department of Justice approaches bringing monopsony allegations in the health plan merger context.
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Mintz Member and Co-Chair of the firm’s Antitrust Practice Joseph M. Miller co-authored a Law360 expert analysis article on Anthem Inc.’s proposed merger with Cigna Corp. and the appropriate treatment of efficiencies in a merger challenge.

Events

Panelist
Jun
24
2019

AHLA Annual Meeting: Will Your Deal Be Caught in the Maw of Antitrust Review?

American Health Lawyers Association

Marriott Copley Place, Boston, MA

Speaker
Nov
16
2018

Monopsony and the Labor Exemption

Antitrust LLM Program, Antonin Scalia Law School

George Mason University

Panelist
Sep
21
2018

FTC Hearing #2: Monopsony and the State of U.S. Antitrust Law

Monopsony Power and Bargaining Leverage

Constitution Center, Washington, D.C.

Panelist
Jun
25
2018

AHLA Annual Meeting: Narrow and Tiered Provider Networks from a Legal and Data Analytics Perspective

American Health Lawyers Association

Hyatt Regency Chicago Hotel, Chicago, IL

Panelist
Jun
11
2018

2018 Hal White Antitrust Conference: The Use of Bargaining Models in Merger Analysis

Bates White Economics Consulting

St. Regis Washington, Washington, D.C.

Speaker
May
2
2018

Blue Cross Blue Shield 2018 National Summit

Antitrust and the Payer-Provider Relationship: Recent Cases and Implications for Health Plans

Orlando World Center Marriott, Orlando, FL

Panelist
Nov
10
2016

Trends in Antitrust and Healthcare Law

Los Angeles County Bar Association

Los Angeles, CA

Speaker
Apr
8
2016

64th Antitrust Law Spring Meeting - Health Care Expansion: Good for Consumers?

American Bar Association Section of Antitrust Law

Washington, D.C.

Panelist