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
Viewpoints
News & Press
Firm plays a key role in the largest health care acquisition to date in 2020.
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.
Viewpoints
AbbVie’s Enforcement of its ‘Patent Thicket’ For Humira Under the BPCIA Does Not Provide Cognizable Basis for an Antitrust Violation
June 18, 2020 | Blog | By Rich Gervase, Joseph MIller, Harold Laidlaw, Tinny Song
In a recent decision in In Re Humira (Adalimumab) Antitrust Litigation), No. 19-cv-1873, Judge Shah of the Northern District of Illinois dismissed a consolidated class action complaint filed by U.S. purchasers of AbbVie Inc.’s blockbuster biologic drug Humira alleging that AbbVie had prevented manufacturers of competing biosimilar drugs (“biosimilars”) from entering the U.S. market in violation of federal and state antitrust laws.
Read more
FTC Comments on New Medicare Rule in Support of Expanded Telehealth Services
June 4, 2020 | Blog | By Evan Moore, Joseph MIller
On May 29th, the Federal Trade Commission (FTC) submitted a comment to the Centers for Medicare & Medicaid Services (CMS) in support of reducing reimbursement requirements for telehealth services. CMS accepted public comments for its new Interim Final Rule published on April 6, 2020, 85 FR 19230, which changes the Medicare payment regulations to allow for more flexible Medicare service options in response to the COVID-19 pandemic. In addition to supporting CMS’s new Interim Final Rule, FTC’s comment recommends permanent measures and further steps to take. The comment offers a valuable insight into the Commission’s stance on telemedicine in relation to health care competition.
Read more
Independent Oncology Group Reaches Deferred Prosecution Agreement, Agreeing to Maximum Statutory Penalty of $100 Million in Market Allocation Scheme
May 1, 2020 | Blog | By Bruce Sokler, Joseph MIller, Shawn Skolky
In Application of American Express to Horizontal Merger Challenge, District Court Allows Merger of Airline Ticket Platforms
April 21, 2020 | Alert | By Joseph MIller, Bruce Sokler, Shawn Skolky, Tinny Song
Read about a federal district court in Delaware’s denial of the DOJ’s challenge under the Clayton Act of Sabre Corp.’s $360 million acquisition of Farelogix Inc.
Read more
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
Federal Trade Commission and Justice Department Release Joint Antitrust Guidance for COVID-19 Public Health Efforts
March 25, 2020 | Blog | By Bruce Sokler, Joseph MIller, Shawn Skolky
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.
Read more
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.
Read more
News & Press
Firm plays a key role in the largest health care acquisition to date in 2020.
Leading Antitrust Attorney Joseph Miller Joins Mintz
February 03, 2020
Mintz Gains New Antitrust Co-Chair From Crowell & Moring
February 3, 2020
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.
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.
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.
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.
The Efficiencies Defense: What Would High Court Do?
May 22, 2017
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
Speaker
Feb
10
2020
Physicians and Hospitals Law Institute - Price Transparency Rule Compliance, Informing the Patient, and Protecting the Hospital’s Commercial Interests: Mutually Exclusive Concepts?
American Health Lawyers Association
Sheraton Grand, Phoenix, AZ
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.
Panelist
May
18
2018
Managed Care Disputes and Litigation Conference - Antitrust in the Healthcare Industry: Analyzing the Latest Trends and What the Future Holds
American Conference Institute
The Bellevue Hotel, Philadelphia, PA
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
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.
Speaker
Oct
30
2015
Part I: Antitrust Analysis, American Health Lawyers Association Webinar
Managed Care Mega Mergers
Panelist
Jun
29
2015
AHLA Annual Meeting, In-House Counsel Program - Dominant Providers and Dominant Plans: The Antitrust Issues
American Health Lawyers Association
Washington, D.C.
Panelist
May
14
2015