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Joseph M. Miller

Partner

joemiller@crowell.com
Phone: +1 202.624.2809
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Joseph M. Miller is a partner in Crowell & Moring's Washington, D.C. office, a member of the firm's Antitrust and Health Care groups, and serves on the Antitrust Group steering committee. Joe is an antitrust attorney with over 25 years’ experience in private practice, as a general counsel and as a federal enforcer with both the Federal Trade Commission and Antitrust Division of the U.S. Department of Justice. He has testified before Congress and the FTC on health care antitrust issues and is a frequent speaker at conferences, trade associations, and client events. His practice focuses on strategic transactional advice and counseling, government investigations, and merger review across industries. His recent matters include:

  • Represented Gwinnett Health System before the Federal Trade Commission in its merger with Northside Hospital. The FTC cleared the transaction after full compliance with a Second Request.
  • Represented Humana before the Antitrust Division and in federal district court in its attempted transaction with Aetna. 
  • Advised the Massachusetts Association of Health Plans on the proposed merger of Beth Israel Deaconess Medical Center with Lahey Health.
  • Represented Freedom Communications before the Antitrust Division in the bankruptcy sale of the Orange County Register.
  • Advised AT&T on several merger review issues before the Antitrust Division. 
  • Represented a health plan as a third party in an FTC pharmacy merger investigation.
  • Advising health care companies on their antitrust risk with regard to payer-provider contracting.
  • Antitrust compliance advice for pharmaceutical distributors, hospitals, health plans, GPOs, and physician groups on information sharing, risk arrangements, and communications with competitors. 

Before joining Crowell in 2015, Joe was the general counsel of America’s Health Insurance Plans (AHIP), the national trade association for the health insurance industry. Joe was with AHIP shortly after the enactment of the Affordable Care Act, which put him at the forefront of critical legal, regulatory, and policy issues facing the health industry. He supervised a team of attorneys on all aspects of AHIP's legal work, including policy development, strategic advice, and general corporate work. Joe also served as AHIP's policy lead on health care competition issues, including testimony before Congress, advocacy in FTC policy roundtables, and multiple health care symposia.

Before joining AHIP, Joe served as Assistant Chief of the Department of Justice (DOJ) Antitrust Division's Health Care and Consumer Products Section (formerly Litigation 1 Section), where he was responsible for antitrust enforcement across a broad range of industries. Joe spearheaded the Division's competition advocacy program in the health care sector, providing advice and testimony to state and federal government officials. His previous experience also includes serving as lead attorney on DOJ’s antitrust investigations in multiple industries, including paper products, appliances, beer, newspapers, and steel. He started his legal career as a trial attorney in the Federal Trade Commission's Bureau of Competition.

Joe is a frequent presenter at AHLA, ABA Antitrust Section, trade associations, American Conference Institute, AHIP conferences, government agencies, and private organizations.

Education

  • Emory University, B.A. economics (1986)
  • George Mason University School of Law, J.D. (1991)

Affiliations

Admitted to practice: District of Columbia

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"Trump Administration and Congress Are Moving Quickly on Health Care Price Transparency and Lowering Costs," Crowell & Moring's Health Law Blog (August 1, 2019). Authors: Jodi G. Daniel, Michael W. Lieberman, Joseph M. Miller and Maya Uppaluru.
Publication
"Healthcare Providers and Insurers: FTC Approach to Provider Mergers and Acquisitions," Lexis Practice (April 19, 2019). Authors: Alexis J. Gilman, Joseph M. Miller, and Angel Prado.
Publication
"2018 Antitrust M&A Year in Review," Antitrust Law Alert (March 1, 2019). Contacts: Andrew I. Gavil, Alexis J. Gilman, Shawn R. Johnson, Joseph M. Miller, Jeane A. Thomas, CIPP/E, Wm. Randolph Smith
Client Alert/Newsletter
Crowell & Moring's Antitrust Group Listed as "Highly Recommended" in Global Competition Review's 19th Annual "GCR 100" (Feb.22.2019)
Firm News/Announcement
"Open Season: Multi-Agency Report Makes Recommendations to Free the Health Care Sector from Overregulation and Enhance Competition," Health Care Alert (January 10, 2019). Contacts: Alexis J. Gilman, Joseph M. Miller, Brian McGovern, Joe Records, Stephanie D. Willis
Client Alert/Newsletter
"Christmas Comes Early for Trump Administration, as Federal District Court Strikes Down Entire ACA," Health Care Alert (December 17, 2018). Contacts: A. Xavier Baker, Joseph M. Miller, Stephen J. McBrady, Jacinta Alves, Stephanie D. Willis, W. Scott Douglas
Client Alert/Newsletter
Monopsony and the Labor Exemption, Antonin Scalia Law School, Antitrust LLM Program (November 16, 2018). Guest Lecturer: Joseph M. Miller.
Speech/Presentation
"Not So Fast: New FTC Guidance Means More Hospital Mergers Will Require HSR Filings Before Closing," Antitrust Law Alert (November 1, 2018). Contacts: Alexis J. Gilman, Shawn R. Johnson, Joseph M. Miller, Britton D. Davis, Connor Ahearn
Client Alert/Newsletter
"Consummated-Merger Challenge by Private Party Results in First Ever Divestiture," Antitrust Law Alert (October 15, 2018). Contacts: Shaina Vinayek, Alexis J. Gilman, Olivier N. Antoine, Juan A. Arteaga, Shawn R. Johnson, Joseph M. Miller, Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Ryan C. Tisch
Client Alert/Newsletter
"Healthcare Providers and Insurers: FTC Approach to Provider Mergers and Acquisitions," Lexis Practice Advisor (October 2018). Authors: Alexis J. Gilman, Joseph M. Miller, and Angel Prado.
Publication

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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