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Joseph M. Miller

Member / Co-chair, Antitrust Practice

[email protected]

+1.202.434.7434

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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

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.
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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, Joseph Miller, 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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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 Joseph Miller, Bruce Sokler, Robert Kidwell, Evan Moore

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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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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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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

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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.
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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.
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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."
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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.
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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.
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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.
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Firm plays a key role in the largest health care acquisition to date in 2020.
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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.
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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.
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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.
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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.
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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.
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Events & Speaking

Panelist
May
18
2023

Health Plan Law and Compliance Institute

American Health Law Association

Chicago Marriott Downtown

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Speaker
May
3
2023

FTC Proposed Rule Banning Non-Competes

American Health Law Association

Virtual

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Speaker
Dec
15
2022

National Managed Care Institute 2022

ABA Health Law Section

Washington D.C.

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Panelist
Jul
19
2022
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Speaker
Dec
8
2021

National Managed Care Institute 2021

American Bar Association

Washington, DC

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Panelist
Sep
15
2021
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Speaker
Speaker
May
19
2021

Health Care Antitrust: Meeting the Challenge

American Health Law Association (AHLA)

Virtual Event

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Speaker
Apr
15
2021

2021 Virtual Health Care Transactions Program

American Health Law Association (AHLA)

Virtual Event

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Speaker
Aug
27
2020

Going Vertical: FTC/DOJ Final Vertical Merger Guidelines

American Health Lawyers Association (AHLA)

Online Event

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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.

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

Trends in Antitrust and Healthcare Law

Los Angeles County Bar Association

Los Angeles, CA

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.

Panelist
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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" (2022-2023)

  • JD Supra Readers' Choice Awards: Antitrust & Trade Regulation (2021)

  • BTI Consulting Group: Client Service All-Star (2020)

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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)
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Joseph M. Miller

Member / Co-chair, Antitrust Practice

Washington, DC