Joe retired from Mintz in 2025. He was an antitrust attorney and Co-chair of the firm’s Antitrust Practice.
viewpoints
FTC, DOJ Launch Proceeding to Revise Antitrust Merger Guidelines
January 19, 2022 | Blog | By Bruce Sokler, Robert Kidwell, Farrah Short
As has been expected, on January 18, 2022, the Federal Trade Commission (“FTC”) and Antitrust Division of the Department of Justice (“DOJ”) announced in a joint press conference an initiative to review and revise the antitrust merger guidelines. In his competition Executive Order last summer, President Biden announced a policy calling for increased scrutiny of mergers. Against this backdrop, one would expect the effort would result in the toughening of standards over what currently is found in the existing guidelines.
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DOJ and FTC Virtual Workshop: Agencies Discuss Whole-of-Government Approach and New Solutions to Address Competition Issues in Labor Markets
December 10, 2021 | Blog | By Bruce Sokler, Tinny Song
On December 6 and 7, 2021, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) hosted a virtual workshop to discuss competition issues in labor markets and plans to execute President Biden’s Executive Order to address competition issues in our modern economy. The workshop, along with enforcement actions already underway, reinforces that this is a priority area for the Administration; marketplace participants are well advised to review their policies and compliance programs accordingly.
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Webinar Recording: Cutting Through the Antitrust Noise — What’s Actually Going On?
October 7, 2021 | Webinar | By Robert Kidwell, Farrah Short, Bruce Sokler
Mintz’s antitrust team discussed what you should know as you conduct your business and plan your transactions and investments.
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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, Lexie 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.
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President Biden’s Competition Executive Order’s “Encouragement” to the FTC and DOJ Antitrust Division
July 9, 2021 | Alert | By Bruce Sokler, 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.
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Second Circuit Provides Clarity on “Inherently Suspect” Standard, Overturns FTC’s Ruling on 1-800 Contacts Trademark Agreements
June 21, 2021 | Blog | By 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.”
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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, 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.
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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, 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.
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FTC’s Hospital Merger Challenges Hit Speedbump in Philadelphia
December 15, 2020 | Alert | By Bruce Sokler, 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.
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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 Member and Co-chair of the firm's Antitrust Practice Joseph Miller and Associate Tinny Song co-authored a Lexis Nexis Practical Guidance Practice Note summarizing the latest developments in antitrust law relating to two-sided platforms.
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.
podcasts
Health Law Diagnosed — Mintz’s 2022 Health Law New Year’s Resolutions
January 12, 2022 | Podcast | By Bridgette Keller
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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Integrity Through Compliance: Joe Miller Returns to Discuss Anticipated Antitrust Enforcement Trends in the Biden Administration
July 28, 2021 | Podcast
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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Biden’s Executive Order on Antitrust Competition: What Does It Mean for the Health Care Industry?
July 19, 2021 | Podcast | By 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.
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Integrity Through Compliance: Dionne Lomax and Joe Miller Take a Deep Dive Into Consent Decree Enforcement at FTC and DOJ
July 14, 2021 | Podcast
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
Speaker
Speaker
Panelist
Jul
19
2022
Speaker
Speaker
Oct
19
2021
Antitrust & the Big Tech Cases: What They Mean for Your Compliance Program
ACC National
Virtual Event
Moderator
Panelist
Sep
15
2021
Speaker
Aug
18
2021
Impact of Presidential Executive Order on Competition Preservation in the Health Care Industry
American Health Law Association
Online Event
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
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May
14
2015
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
Recent Insights
PBM Update: Special Edition - FTC Releases Second Interim Staff Report in PBM Inquiry
January 23, 2025| Alert
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.
