Skip to main content

Joseph M. Miller

Member / Co-chair, Antitrust Practice

[email protected]

+1.202.434.7434

Follow:
Share:

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

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
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
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
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
Viewpoint Thumbnail
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”).
Read more
Viewpoint Thumbnail
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”).
Read more
Federal Circuit Appeals Viewpoint Thumbnail
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.
Read more
Read less

News & Press

Press Release Thumbnail Mintz

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. 

Press Release Thumbnail Mintz

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.

News Thumbnail Mintz

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.

News Thumbnail Mintz

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."

Press Release Thumbnail Mintz

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.

News Thumbnail Mintz

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.
News Thumbnail Mintz
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.
Press Release Thumbnail Mintz
Firm plays a key role in the largest health care acquisition to date in 2020.
News Thumbnail Mintz
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.
News Thumbnail Mintz
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.
News Thumbnail Mintz
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.
News Thumbnail Mintz
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.
News Thumbnail Mintz
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.
Read less

Events & Speaking

Panelist
May
18
2023

Health Plan Law and Compliance Institute

American Health Law Association

Chicago Marriott Downtown

Event Reference Image
Speaker
May
3
2023

FTC Proposed Rule Banning Non-Competes

American Health Law Association

Virtual

Webinar Reference Image
Speaker
Dec
15
2022

National Managed Care Institute 2022

ABA Health Law Section

Washington D.C.

Conference Reference Image
Panelist
Jul
19
2022
Webinar Reference Image
Speaker
Dec
8
2021

National Managed Care Institute 2021

American Bar Association

Washington, DC

Conference Reference Image
Panelist
Sep
15
2021
Webinar Reference Image
Speaker
Speaker
May
19
2021

Health Care Antitrust: Meeting the Challenge

American Health Law Association (AHLA)

Virtual Event

Conference Reference Image
Speaker
Apr
15
2021

2021 Virtual Health Care Transactions Program

American Health Law Association (AHLA)

Virtual Event

Conference Reference Image
Speaker
Aug
27
2020

Going Vertical: FTC/DOJ Final Vertical Merger Guidelines

American Health Lawyers Association (AHLA)

Online Event

Webinar Reference Image
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
Read less

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)

Read less

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)
Read less

Joseph M. Miller

Member / Co-chair, Antitrust Practice

Washington, DC