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)
Recognition & Awards
- JD Supra Readers' Choice Awards: Antitrust & Trade Regulation (2021)
- BTI Consulting Group: Client Service All-Star (2020)
Recent Insights
Viewpoints
News & Press
Events
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.
Joe Miller will be a speaker on "Health Insurance Merger Review: It's Not Just for Antitrust Agencies" during AHLA's 2021 Health Care Transactions Program.
This webinar, hosted by the American Health Lawyers Association, will provide background on prior antitrust agency vertical merger enforcement, an in-depth discussion of the new Vertical Merger Guidelines, and analysis on how these new Guidelines may impact vertical integration in the health care industry going forward.
Viewpoints
Integrity Through Compliance: Joe Miller Returns to Discuss Anticipated Antitrust Enforcement Trends in the Biden Administration
July 28, 2021 | Podcast | By Joseph Miller
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.
Read more
Biden’s Executive Order on Antitrust Competition: What Does It Mean for the Health Care Industry?
July 19, 2021 | Podcast | By Joseph Miller, Bruce Sokler
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.
Read more
Integrity Through Compliance: Dionne Lomax and Joe Miller Take a Deep Dive Into Consent Decree Enforcement at FTC and DOJ
July 14, 2021 | Podcast | By Joseph Miller
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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Busy Week for the FTC Shows Aspirations of and Limitations on Chair Khan’s Enforcement Agenda
July 9, 2021 | Blog | By Bruce Sokler, Joseph Miller, Alexandra Gallo-Cook
Last week was momentous for the Federal Trade Commission. First, the campaign use antitrust to reign in “Big Tech” faced a setback as the United States District Court for District of Columbia dismissed the FTC’s suit against Facebook (as well as a similar suit brought by virtually all the State Attorney Generals). In juxtaposition, on July 1, 2021, the FTC held an unusual open meeting of the Commission. Clearly indicating that she intends to utilize her 3-2 Democratic majority while she has it1, Chair Lina Khan passed several agenda items foreshadowing broad, aggressive antitrust enforcement activity by the FTC.
Read more
President Biden’s Competition Executive Order’s “Encouragement” to the FTC and DOJ Antitrust Division
July 9, 2021 | Alert | By Bruce Sokler, Joseph Miller, Robert Kidwell
Read about President Biden’s July 9 Executive Order with 72 initiatives to promote competition in the U.S. economy, including through actions directed at labor markets and the health care, technology, agriculture, and banking sectors.
Read more
Second Circuit Provides Clarity on “Inherently Suspect” Standard, Overturns FTC’s Ruling on 1-800 Contacts Trademark Agreements
June 21, 2021 | Blog | By Joseph Miller, Evelyn French
On June 11, 2021, the U.S. Court of Appeals for the Second Circuit dismissed the Federal Trade Commission’s (FTC) administrative order against 1-800 Contacts, Inc. The Second Circuit found that the online retailer’s trademark settlements with competitor online contact lens sellers were not “inherently suspect” and, instead, should be evaluated under the traditional rule of reason analysis. The trademark settlements specified, among other things, that 1-800 Contacts’ competitors would not bid on the company’s name as a keyword in online search advertising. This ruling has significant implications for the “inherently suspect” standard—according to the Second Circuit, “courts do not have sufficient experience with this type of conduct to permit [the FTC’s] abbreviated analysis.”
Read more
International Coalition of Competition Enforcement Agencies Seek Public Comment to Explore “New or Refreshed” Theories of Competitive Harm Related to Pharmaceutical Mergers
May 13, 2021 | Blog | By Bruce Sokler, Joseph Miller, Tinny Song
On Tuesday, May 11, 2021, an international coalition of competition enforcement agencies including the Federal Trade Commission, the U.S. Department of Justice’s Antitrust Division, Offices of State Attorneys General, Canada’s Competition Bureau, the European Commission Directorate General for Competition, and the U.K.’s Competition and Markets Authority issued a notice seeking public input to inform their approaches to analyzing the competitive effects of pharmaceutical mergers.
Read more
FTC Abandons Appeal of Philadelphia Hospital Merger, Allowing Jefferson and Einstein to Proceed with Creation of 18-Hospital System
March 2, 2021 | Blog | By Bruce Sokler, Joseph Miller, Robert Kidwell
Back in December, we wrote about a district court ruling rejecting the Federal Trade Comission’s (“FTC”) motion to enjoin the proposed combination of Thomas Jefferson University (“TJU”) and Albert Einstein Healthcare Network (“Einstein”) that would create an 18-hospital system in the Philadelphia area. The FTC and the Pennsylvania Attorney General had alleged the merger would lead to TJU/Einstein controlling at least 60% of the inpatient GAC hospital services market in a portion of Philadelphia. Following the district court decision, the FTC quickly appealed to the Third Circuit Court of Appeals and filed an emergency motion for a stay pending appeal. Days later, a three-judge panel denied the government’s motion without comment.
Read more
FTC’s Hospital Merger Challenges Hit Speedbump in Philadelphia
December 15, 2020 | Alert | By Bruce Sokler, Joseph Miller, Robert Kidwell
This alert examines a Philadelphia US district court decision that denied the FTC’s and Pennsylvania Attorney General’s request to preliminarily enjoin a proposed merger between Thomas Jefferson University and the Albert Einstein Healthcare Network.
Read more
The Other Shoe Drops: Ringleader of Oncology Treatment Market Allocation Scheme Indicted in Florida District Court
September 24, 2020 | Blog | By Bruce Sokler, Joseph Miller
News & Press
Mintz Welcomes 21 Lateral Members in 2020
December 29, 2020
Five Mintz Attorneys Named 2020 BTI Client Service All-Stars
December 11, 2020
DOJ Support Of SEP Injunctions Should Stabilize Licensing
September 24, 2020
Mintz Member and Chair of the firm’s Intellectual Property Division Michael Renaud, Member and Co-chair of the firm’s Antitrust Practice Joseph Miller, and Member Daniel Weinger co-authored a Law360 expert analysis article that examined an updated business review letter issued by the U.S. Department of Justice (DOJ)'s Antitrust Division to the Institute of Electrical and Electronics Engineers Inc., which clarified the DOJ's views on licensing and enforcement practices related to standard essential patent (SEP)s.
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
May
19
2021
Speaker
Apr
15
2021
Speaker
Aug
27
2020
Going Vertical: FTC/DOJ Final Vertical Merger Guidelines
American Health Lawyers Association (AHLA)
Online Event
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