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Joseph M. Miller

Member Emeritus

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Joe retired from Mintz in 2025. He was an antitrust attorney and Co-chair of the firm’s Antitrust Practice.

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In this Special Edition of the PBM Policy and Legislative Update, the Mintz Health team partnered with our Antitrust colleagues to analyze the FTC’s Second Report titled Specialty Generic Drugs: A Growing Profit Center for Vertically Integrated Pharmacy Benefit Managers.

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On July 9, 2024, the Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies. The Interim Staff Report reflects the FTC’s work since it began its 6(b) study of PBMs in June 2022.  Mintz’s Health and Antitrust teams actively monitor federal and state regulatory and legislative developments in the PBM space, including those from the FTC. In this Special Edition of the PBM Policy and Legislative Update, the Mintz Health team partnered with our Antitrust colleagues to analyze the Interim Staff Report including Commissioner Melissa Holyoak’s dissenting statement.  We also highlight upcoming Congressional testimony by CEOs of the three largest PBMs, as well as media reports of a forthcoming FTC action related to PBM insulin rebate practices.

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Last week, a federal judge in North Carolina declined to preliminarily enjoin Novant Health, Inc.’s (“Novant”) acquisition of two hospitals from Community Health Systems, Inc. (“CHS”). The FTC filed suit in federal court and in its in-house administrative court in January, alleging that the transaction violated Section 7 of the Clayton Act in the market for inpatient general acute care services sold to commercial health plans and their members.  

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Over ten years ago, individuals and businesses insured by health plans that contract with Sutter Health filed a class action lawsuit against Sutter Health alleging antitrust violations under federal and California laws. Sutter is a healthcare giant in Northern California, serving over 100 communities and 3 million people, and includes 24 hospitals, five medical foundations, and 40 ambulatory service centers.

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Read about the FTC’s March 5, 2024 workshop on private equity (PE) investments in the health care industry and a joint request for information on the effects of PE transactions in the health care industry issued by the FTC, DOJ, and HHS.

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Since the beginning of Chair Khan’s tenure at the Federal Trade Commission (and in line with President Biden’s aim to curb rising health care costs), the current FTC has committed to bring enforcement actions against health care consolidation and rising prices. Over the past two years the FTC has employed novel competition tools to achieve this purpose, as demonstrated by the Commission’s suit last week against a private equity firm and its related specialty practice—alleging violations of Sections 1 and 2 of the Sherman Act, Section 7 of the Clayton Act and Section 5 of the FTC Act.

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The FTC and DOJ jointly published draft merger guidelines reflecting the agencies’ current aggressive approach to merger enforcement. In an article, Mintz Antitrust attorneys discuss the draft guidelines’ move away from the consumer welfare standard, lower thresholds for deals presumed to be illegal, and other key changes, including a focus on the effect of industry roll-ups.

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News & Press

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Two-Sided Platforms

January 7, 2022|

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podcasts

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In this episode of the Health Law Diagnosed podcast, members of the Mintz Health Law team discuss their health law–focused 2022 New Year’s resolutions and how they’re helping clients and colleagues navigate the continued challenges and opportunities of the current era.
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Joe Miller returns to Integrity Through Compliance to share his perspective on what changes president Biden may make, or encourage Congress to make, regarding antitrust enforcement.
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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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In this episode, AMI’s Dionne Lomax speaks with Joe Miller. They discuss recent developments in antitrust compliance — specifically, compliance with government consent decrees and what might be occurring behind the scenes at federal enforcement agencies once a company has settled antitrust charges.
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Events & Speaking

Panelist
May
18
2023

Health Plan Law and Compliance Institute

American Health Law Association

Chicago Marriott Downtown

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May
3
2023

FTC Proposed Rule Banning Non-Competes

American Health Law Association

Virtual

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Speaker
Dec
15
2022

National Managed Care Institute 2022

ABA Health Law Section

Washington D.C.

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Jul
19
2022
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Dec
8
2021

National Managed Care Institute 2021

American Bar Association

Washington, DC

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Panelist
Sep
15
2021
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May
19
2021

Health Care Antitrust: Meeting the Challenge

American Health Law Association (AHLA)

Virtual Event

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Apr
15
2021

2021 Virtual Health Care Transactions Program

American Health Law Association (AHLA)

Virtual Event

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Aug
27
2020

Going Vertical: FTC/DOJ Final Vertical Merger Guidelines

American Health Lawyers Association (AHLA)

Online Event

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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

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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.

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Joseph M. Miller

Member Emeritus