Joe retired from Mintz in 2025. He was an antitrust attorney and Co-chair of the firm’s Antitrust Practice.
viewpoints
Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice
September 17, 2020 | Blog | By Michael Renaud
In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. (“Continental”) alleging, inter alia, violations of §§ 1 and 2 of the Sherman Act, and declaratory judgment as to FRAND obligations against Avanci, LLC (“Avanci”) and various members of its patent pool (collectively, “Defendants”).
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DOJ to IEEE: Yes, Injunctive Relief Should Be Available for SEPs, and Stop Saying Otherwise
September 14, 2020 | Blog | By Michael Renaud, James Wodarski, Daniel Weinger
Last Thursday, September 10, 2020, the U.S. Department of Justice’s Antitrust Division (“DOJ”) issued an updated Business Review Letter (“2020 Letter”) to the Institute of Electrical Electronics Engineers, Incorporated (“IEEE”) clarifying the DOJ’s views on licensing and enforcement practices related to standard essential patents (“SEPs”).
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Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its Standard-Essential Patents
August 13, 2020 | Blog | By Rich Gervase, Michael Renaud, Tinny Song
In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern District of California in FTC v. Qualcomm and vacated the district court’s worldwide, permanent injunction prohibiting several of Qualcomm Incorporated’s (“Qualcomm”) licensing practices with respect to standard-essential patents (“SEPs”) covering cellular technology.
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DOJ and the FTC Publish Vertical Merger Guidelines
July 13, 2020 | Blog | By Bruce Sokler, Robert Kidwell, Evan Moore
Commissioner Chopra Releases Statement on Private Equity Physician Practice Roll-Ups with FTC/DOJ HSR Annual Report
July 10, 2020 | Blog | By Robert Kidwell
On Wednesday, an FTC Commissioner used the occasion of a routine report to Congress to send a warning shot to private equity firms, especially those rolling up health care providers. Commissioner Rohit Chopra, an advisor to Senator Elizabeth Warren before he joined the Commission in May 2018, released this statement focusing particular scrutiny on private equity (PE) firms and the practice of acquiring physician groups, especially emergency medicine, anesthesiology, and other services that generate “surprise” out of network charges for otherwise insured patients.
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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, 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.
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FTC Comments on New Medicare Rule in Support of Expanded Telehealth Services
June 4, 2020 | Blog | By Evan Moore
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.
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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.
