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
Second Circuit Provides Clarity on “Inherently Suspect” Standard, Overturns FTC’s Ruling on 1-800 Contacts Trademark Agreements
June 21, 2021 | Blog | By Joseph Miller , Evelyn French
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, Joseph Miller , Tinny Song
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, Joseph Miller , Robert Kidwell
FTC’s Hospital Merger Challenges Hit Speedbump in Philadelphia
December 15, 2020 | Alert | By Bruce Sokler, Joseph Miller , Robert Kidwell
Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice
September 17, 2020 | Blog | By Michael Renaud, Joseph Miller
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
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, Joseph Miller , Michael Renaud, Tinny Song
DOJ and the FTC Publish Vertical Merger Guidelines
July 13, 2020 | Blog | By Joseph Miller , Bruce Sokler, Robert Kidwell, Evan Moore
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)