Joe is a seasoned antitrust attorney and Co-chair of the firm’s Antitrust Practice. He has 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.
viewpoints
Proposed Overhaul of HSR Premerger Notification Process
June 28, 2023 | Blog | By Farrah Short, Bruce Sokler, Joseph Miller , Robert Kidwell
The Federal Trade Commission (FTC) announced this week its Notice of Proposed Rule Making, drafted in concurrence with the U.S. Department of Justice (DOJ), that, if implemented would result in significant and burdensome changes to the U.S. merger review process.
FTC and DOJ Antitrust Memorialize Joint Workshop on the Future of Antitrust Enforcement in the Pharmaceutical Industry
June 6, 2023 | Blog | By Bruce Sokler, Joseph Miller , Robert Kidwell, Payton Thornton
The Federal Trade Commission, in coordination with the U.S. Department of Justice Antitrust Division, recently released a summary of the Agencies’ June 2022 joint workshop titled “The Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers.”
DOJ Sues Google for Monopolizing Digital Advertising Markets
February 22, 2023 | Blog | By Joseph Miller , Tinny Song
On January 24, 2023, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and state attorneys general for California, Colorado, Connecticut, New Jersey, New York, Rhode Island, Tennessee and Virginia filed a civil antitrust lawsuit in the U.S. District Court for the Eastern District of Virginia against Google LLC (“Google”).
Federal Judge Allows Antitrust Claims to Proceed Against Hospital System and Vertically-Integrated Physician Group
February 21, 2023 | Blog | By Bruce Sokler, Joseph Miller , Payton Thornton
In a closely watched private antitrust case, Saint Francis Hospital and Medical Center, Inc. (“St. Francis”) sued its rival, the Hartford Healthcare Corporation (“HHC”), and on February 13, 2023, the litigation survived a motion to dismiss.
Out with the Old: The Antitrust Division Withdraws Healthcare Enforcement Policy Statements
February 7, 2023 | Blog | By Bruce Sokler, Joseph Miller , Payton Thornton
Late last week, the U.S. Department of Justice Antitrust Division announced its withdrawal of a string of healthcare enforcement policy statements issued in 1993, 1996, and 2011.
FTC Invokes New and Expanded Powers to Propose Bar on Employee Non-Competes
January 9, 2023 | Alert | By Bruce Sokler, Joseph Miller , Charles Samuels, Evelyn French
Mintz Antitrust and Government Law attorneys examine an FTC proposed rule that would ban almost all non-compete provisions in employment relationships. They also discuss why employers should consider auditing non-compete policies and practices and exploring alternatives such as non-disclosure or customer non-solicitation agreements.
New Law Hikes HSR Merger Filing Fees for Large Deals and Imposes Foreign Subsidy Disclosure Requirement
January 3, 2023 | Alert | By Bruce Sokler, Joseph Miller , Robert Kidwell, Farrah Short
This alert discusses the Merger Filing Fee Modernization Act of 2022, which was signed into law on December 29, 2022, and how it substantially increases merger filing fees under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
A Dose of Steroids: Chair Khan's FTC Releases Expansive Policy Statement on Unfair Methods of Competition
November 14, 2022 | Blog | By Bruce Sokler, Joseph Miller , Payton Thornton
FTC Policy Paper Supports Agency’s Long-Held Position in Opposition to COPAs
August 18, 2022 | Alert | By Bruce Sokler, Joseph Miller , Farrah Short
Read about an FTC policy paper highlighting the pitfalls of Certificates of Public Advantage (“COPAs”) laws, which are state-specific regulatory regimes that allow hospitals to form monopolies that are not subject to federal antitrust litigation.
News & Press
Thirteen Mintz attorneys named to Lawdragon’s 2025 “Leading Litigators in America” list
September 12, 2024
Thirteen Mintz attorneys have been named to Lawdragon’s 2025 “Leading Litigators in America.” The list honors the “best litigators the US has to offer – in antitrust, intellectual property, white collar and investigations, securities and corporate governance litigation, and a vast array of class actions, product liability and other complex civil litigation,” according to the publication.
FTC Theories Of Harm After Anesthesia Co. Ruling
June 3, 2024
Thirteen Mintz Members Named To Lawdragon 500 Leading Litigators List
September 11, 2023
Mintz is pleased to announce that thirtneen Members have been named to Lawdragon's 500 Leading Litigators in America list, which honors the nation’s most elite courtroom advocates.
FTC, DOJ Guidelines Could Hinder Health Care Industry Mergers, Antitrust Lawyers Say
August 17, 2023
Antitrust Co-chairs, Bruce Sokler and Joseph Miller, were quoted in The National Law Journal in an article analyzing The Federal Trade Commission and U.S. Justice Department’s proposed merger guidelines.
FTC Pharma Merger Digest May Offer Policy Clues
June 15, 2023
Law360 published an article jointly authored by Antitrust Co-chairs, Bruce Sokler and Joseph Miller, alongside Member Robert Kidwell examining the FTC's summary of the June 2022 joint workshop with the Antitrust Division of the US Justice Department titled "The Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers."
Twelve Mintz Members have been named to the inaugural Lawdragon 500 Leading Litigators in America list, which honors the nation’s most elite courtroom advocates.
Poultry Sector Wage-Fixing Case Shows Info Exchange Risks
August 31, 2022
Two-Sided Platforms
January 7, 2022
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
Leading Antitrust Attorney Joseph Miller Joins Mintz
February 03, 2020
Mintz Gains New Antitrust Co-Chair From Crowell & Moring
February 3, 2020
The Efficiencies Defense: What Would High Court Do?
May 22, 2017
Events & Speaking
Antitrust & the Big Tech Cases: What They Mean for Your Compliance Program
ACC National
Virtual Event
Impact of Presidential Executive Order on Competition Preservation in the Health Care Industry
American Health Law Association
Online Event
Going Vertical: FTC/DOJ Final Vertical Merger Guidelines
American Health Lawyers Association (AHLA)
Online Event
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
AHLA Annual Meeting: Will Your Deal Be Caught in the Maw of Antitrust Review?
American Health Lawyers Association
Marriott Copley Place, Boston, MA
Monopsony and the Labor Exemption
Antitrust LLM Program, Antonin Scalia Law School
George Mason University
FTC Hearing #2: Monopsony and the State of U.S. Antitrust Law
Monopsony Power and Bargaining Leverage
Constitution Center, Washington, D.C.
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
2018 Hal White Antitrust Conference: The Use of Bargaining Models in Merger Analysis
Bates White Economics Consulting
St. Regis Washington, Washington, D.C.
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
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
64th Antitrust Law Spring Meeting - Health Care Expansion: Good for Consumers?
American Bar Association Section of Antitrust Law
Washington, D.C.
Part I: Antitrust Analysis, American Health Lawyers Association Webinar
Managed Care Mega Mergers
AHLA Annual Meeting, In-House Counsel Program - Dominant Providers and Dominant Plans: The Antitrust Issues
American Health Lawyers Association
Washington, D.C.
6th Annual Advanced Forum on Managed Care Disputes & Litigation: Mitigating the Risk of Anti-Trust Violations with Business Strategies: New Concerns and Recent Cases
American Conference Institute
Chicago, IL
Joe is a seasoned antitrust attorney and Co-chair of the firm’s Antitrust Practice. He has 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.
Recognition & Awards
Lawdragon: "500 Leading Litigators in America" (2022-2025)
JD Supra Readers' Choice Awards: Antitrust & Trade Regulation (2021)
BTI Consulting Group: Client Service All-Star (2020)
Joe is a seasoned antitrust attorney and Co-chair of the firm’s Antitrust Practice. He has 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.
Involvement
- Member of Physicians and Hospitals Law Institute Program Planning Committee, American Health Law Association (AHLA)