John J. Miles
Bar Admissions
- District of Columbia
- Virginia
Court Admissions
- Court of Appeals of the District of Columbia
- Supreme Court of Virginia
- United States Court of Appeals for the District of Columbia Circuit
- United States Court of Appeals for the Eighth Circuit
- United States Court of Appeals for the Eleventh Circuit
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Fourth Circuit
- United States Court of Appeals for the Third Circuit
- United States District Court for the District of Columbia
- United States District Court for the Eastern District of Virginia
- United States District Court for the Western District of Virginia
- United States Supreme Court
- Various other federal district courts pro haec vice
Education
- Washington & Lee University School of Law (J.D., magna cum laude, 1973)
- Order of the Coif
- Washington & Lee Law Review, Associate Editor
- Virginia Tech (M.A., 1971)
- Virginia Tech (B.S., 1968)
- Double Major in Public Administration and Economics
- Elected to Phi Kappa Phi
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John J. Miles
Experience
John J. Miles, chairs the Antitrust and Competition Group and is a principal in the Health Law Group at Ober|Kaler. Jeff has been practicing antitrust law for over 35 years. He represents primarily firms in the health care sector, particularly hospitals, health systems, hospital networks, large physician practices and physician networks. His practice focuses on antitrust counseling and on representing parties in private treble-damage litigation and governmental investigations by the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission and various state attorneys general. Jeff has a deep understanding of the antitrust ramifications of different types of collaborative transactions among providers, including mergers, virtual mergers, joint ventures and provider-contracting networks, as well as experience in issues related to alleged exclusionary conduct by dominant firms. Prior to private practice, Jeff was a trial attorney with the U.S. Department of Justice’s Antitrust Division, where most of his work focused on health care antitrust enforcement. While there, he received a special commendation award from the attorney general for serving as lead counsel in the government’s first successful challenge of a hospital merger. Prior to that, he was the assistant attorney general in charge of the Virginia Attorney General’s Antitrust Unit. Jeff is the author of the six-volume treatise Health Care and Antitrust Law, and he has written and co-written a number of other books, book chapters, law review articles, and shorter articles and papers dealing with almost every type of antitrust issue. He frequently lectures and presents papers on antitrust issues to various bar associations and medical organizations. He is an adjunct professor of law at the Washington & Lee University School of Law where he teaches antitrust law. Jeff is listed among the nation’s top attorneys in a number of publications, including The Best Lawyers in America in the specialty of antitrust law; in Chambers USA, America's Leading Business Lawyers in health care law; and Corporate Counsel/Top Lawyers. Professional Memberships
- American Bar Association
- Section of Antitrust Law
- Section of Health Law
- American Economic Association
- American Health Lawyers Association
- Board of Directors, Former Member
- Antitrust Practice Group, Former Chair and Vice Chair
- District of Columbia Bar Association
- Virginia State Bar
- Antitrust Law Section, Co-Founder, Past-Chair
- Board of Governors, Past-Member
Honoraries
- Listed in Washington, DC Super Lawyers, 2013
- Listed in The Legal 500, 2012
- Listed in Chambers USA, America's Leading Business Lawyers – Healthcare (DC), 2010, 2013; Healthcare: Regulatory and Litigation (Nationwide), 2011-2013
- Listed since 2006 in The Best Lawyers in America, Antitrust Law and Litigation-Antitrust Categories (Woodward/White, Inc.)
- Listed in Expert Guides to the Leading Lawyers – Best of the Best USA, 2007 and 2011
- Listed in Corporate Counsel/Top Lawyers
- Listed in Guide to Leading Healthcare Lawyers
- Selected by Nightingale's Healthcare News as an Outstanding U.S. Healthcare Antitrust Attorney, 2005 and 2006
- AV Rated, Martindale-Hubbell
Publications & Presentations
- Presenter, "The Anatomy of Physician Integration—Part IV: Antitrust," Physician Organizations Bootcamp Webinar and Roundtable Discussion Series, American Health Lawyers Association, 2013
- Presenter, "Antitrust Compliance and Clinical Integration," Webinar, Strafford Publications, 2013
- Presenter, "Federal Trade Commission Scope of Practice Activities," Legislative Strategy Conference, American Society of Anesthesiologists, 2012
- Presenter, "Healthcare Antitrust Fundamentals," Webinar, Health Law Section, American Bar Association, 2012
- Author, "Antitrust in Transactions," Health Practice Guide, American Health Lawyers Association, 2012 (forthcoming)
- Presenter, "Health Plan Most Favored Nations Provisions with Providers in Metropolitan Areas," Teleconference, Health Law Section, American Bar Association, 2012
- Presenter, "Understanding Competition in Health Care Markets: How is Health Care Different from Other Industries?" Teleconference, Health Law Section, American Bar Association, 2012
- Presenter, "The Federal Trade Commission and State Medical Boards: On an Antitrust Collision Course?" State Legislative Strategy Conference, American Medical Association, 2012
- Author, Health Care & Antitrust Law, Volumes 1-6, West Group, 1992 with supplements through 2011
- Author, "The Final ACO Antitrust Statement: Much Improvement," Health Law Section, American Bar Association, 2011
- Author, "Antitrust Law," Fundamentals of Health Care Law, American Health Lawyers Association, 5th ed., 2011
- Presenter, "ACOs, Antitrust, and State Attorneys General," National Antitrust Meeting, National Association of Attorneys General, 2011
- Presenter, "Antitrust Guidance for ACOs: Understanding the Antitrust Enforcement Agencies' Final Policy Statement on Accountable Care Organizations," Webinar, American Health Lawyers Association, 2011
- Presenter, "Healthcare Antitrust Fundamentals," Webinar, American Health Lawyers Association, 2011
- Co-presenter, “Joint Ventures, ACOs, and other Provider Networks,” Antitrust Bootcamp, American Health Lawyers Association, 2011
- Co-presenter, “The FTC/DOJ ACO Antitrust Enforcement Policy Statement: Reconciling Collaboration and Competition,” Health Law Summit, American Bar Association, 2011
- Primary author, Antitrust Health Care Handbook, 4th edition, Section of Antitrust Law, American Bar Association, 2010
- Presenter, "Antitrust and ACOs: What the Antitrust Enforcement Agencies Have in Store for ACOs," Webinar, American Health Lawyers Association, 2011
- Author, "Healthcare Antitrust Mergers and Merger Guidelines Revision: What Might It Mean for Healthcare Firms?" Health Lawyer, Health Law Section, American Bar Association, 2009
- Presenter, "Healthcare Antitrust Enforcement in the New Administration: The Hot Issues (and Others)," Hot Healthcare Antitrust Issues Teleconference, Health Law Section, American Bar Association, 2009
- Presenter, "What's Happening in Healthcare Antitrust (and What Might happen in the Future)," Annual Meeting, American Health Lawyers Association, 2009
- Presenter, “New Developments in Antitrust,” Emerging Issues in Healthcare Law, Health Law Section, American Bar Association, 2009
- Presenter, “Physicians and the Antitrust Laws: The Big Issues,” Physicians and Physicians Organization Law Institute, American Health Lawyers Association, 2009
- Presenter, “Antitrust Basics for Healthcare Lawyers,” Health Law Teleconference and Webcast, American Bar Association, 2009
- Presenter, “Copperweld and Dagher: When Are Firms a Single Entity for Purposes of Section 1 of the Sherman Act?” Fundamentals Series on Section 1 of the Sherman Act Teleconference, Section of Antitrust Law, American Bar Association, 2008
- Presenter, “Antitrust Law,” Fundamentals of Healthcare, American Health Lawyers Association, 2008
- Presenter, “What Every Radiology Practice Should Know About the Antitrust Laws,” Managing Legal Exposure in Radiology, Radiology Business Management Association, 2008
- Author, “The Nursing Shortage, Wage Sharing Among Competing Hospitals, and the Antitrust Laws: The Nurse Wages Antitrust Litigation,” Houston Journal of Health Law Policy, 2007
- Author, “Observations and Lessons from the FTC’s Evanston Northwestern Healthcare Hospital Merger Decision,” Health Lawyer, Health Law Section, American Bar Association, 2007
- Moderator, “Implications from the Evanston Northwestern Healthcare Decision,” Teleconference, American Bar Association and American Hospital Association, 2007
- Presenter, “Current Developments in Healthcare Antitrust Law,” Sections on Antitrust and Health Law, American Bar Association and American Health Lawyers Association, 2007
- Author, Chapter V, “State Enforcement in Health Care Markets,” State Antitrust Enforcement Handbook, Section on Antitrust Law, American Bar Association, 2007
- Presenter, “Spotlight on Ancillary Restraints in Clinically Integrated Networks,” Teleconference, Section of Antitrust Law, American Bar Association and American Hospital Association, 2007
- Presenter, “Health-Care Antitrust Litigation,” ACI Litigator & Corporate Counsel Summit on Healthcare Complex Litigation, 2007
- Author, “Antitrust Law,” Chapter 6, Fundamentals of Health Law, American Health Lawyers Association, 4th edition, 2007
- Author, “Analyzing the Federal Trade Commission’s North Texas Specialty Physicians Decision,” Health Lawyer, Health Law Section, American Bar Association, 2006
- Author, “Analyzing the Evanston Northwestern Healthcare Initial Decision,” Health Care Chronicle, Antitrust Law Section, American Bar Association, 2006
- Presenter, “Hospital Mergers Under Attack: FTC Victory in Evanston Signals New Vulnerability in Post-Merger Investigations," Strafford Publications, 2006
- Presenter, “Health Care Antitrust Law: Where It’s Been and Where It’s Going,” AHLA/AHIP Law Conference on Health Insurance Plans, 2006
- Presenter, “Clinical Integration – The Antitrust Law Story,” HealthVisions Teleconference Program, 2005
- Moderator, “Implications for Merger Analysis In Health Care After the Evanston Decision,” Antitrust Law Section, American Bar Association, 2005
- Presenter, “Defenses in Health Care Antitrust Cases: Part I,” Antitrust in the Healthcare Field Seminar, Section of Antitrust Law, American Bar Association and American Health Lawyers Association, 2005
- Presenter, “The Joint Report and Hospital Actions to Combat Competing Physician-Owned Facilities: Good Description, Little Analysis,” Section of Antitrust Law, American Bar Association, 2005
- Primary Author and Editor, Antitrust Health Care Handbook III, Section of Antitrust Law, American Bar Association, 2004
- Presenter, “Antitrust Considerations for Hospitals Combating Medical-Staff Specialty and Free-Standing Facilities,” Annual Meeting, American Bar Association, 2004
- Presenter, “Antitrust Ramifications of Hospital Efforts Challenging Medical Staff Competition,” Kentucky Academy of Hospital Attorneys, 2004
- Co-presenter, “Provider-Payor Antitrust Conflicts,” 15th Annual Law Conference for Health Plans, Providers, and Insurers, American Health Lawyers Association, 2004
- Panelist, “Federal Antitrust Agency and State Attorneys General Dual Antitrust Enforcement Problems,” Spring Meeting, Section of Antitrust Law, American Bar Association, 2004
- Author, "The Importance of Integration in Antitrust Counseling: Yakima and Susquehanna, Health Lawyers News, American Health Lawyers Association, 2004
- Presenter, “Is the FTC on a Rampage in Health Care Antitrust Enforcement?” St. Louis Area Health Lawyers Association, 2004
- Presenter, “Physician-Payor Antitrust Issues,” St. Louis Society of Pediatrics, 2004
- Panelist, “Antitrust Law and Healthcare Enforcement,” Teleconference, Health Law Section, American Bar Association, 2004
- Panelist, “Messed-Up Messenger Contracting Networks/Dominant Hospital Exclusionary Conduct,” Fall Antitrust Forum, Section of Antitrust Law, American Bar Association, 2003
- Presenter, “Messed-Up Messenger Models and How to Do Them Right,” Teleconference, Section of Antitrust Law, Health Care Committee, American Bar Association, 2003
- Presenter, “IPAs: Messenger Models,” Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care and Competition Law & Policy, 2003
- Presenter, “Annual Health Care Antitrust Update,” Annual Meeting, Antitrust Practice Group, American Health Lawyers Association, 2003
- Presenter, “Agency Antitrust Advisory Opinions,” Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care and Competition Law & Policy, 2003
- Presenter, “Market Power,” Antitrust in the Health Care Field Seminar, Section of Antitrust Law, American Bar Association and American Health Lawyers Association, 2003
- Presenter, “Physician-Hospital Organizations,” Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care and Competition Law & Policy, 2003
- Presenter, “Health Insurance Monopsony — Competitive Effects,” Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care Competition Law & Policy, 2003
- Presenter, “Health Insurance Monopsony — Market Definition,” Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care Competition Law & Policy, 2003
- Presenter, “Emerging Provider Issues,” Spring Meeting, Section of Antitrust Law, American Bar Association, 2003
- Presenter, “Hospital Virtual Mergers,” Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care Competition Law & Policy, 2003
- Presenter, “The Medical Residents' Match Antitrust Litigation,” Mid-Year Meeting, Antitrust Practice Group, American Health Lawyers Association, 2003
- Presenter, “Messed-Up Messenger Models,” Section of Antitrust Law, Health Care Committee Teleconference, American Bar Association, 2003
- Author, “Ticking Antitrust Time Bombs: A Message to Messed-Up Messenger Models,” Health Lawyers News, American Health Lawyers Association, 2002
- Presenter, “The MedSouth FTC Staff Advisory Opinion: How Important Is It?” Northwestern University 7th Annual Competition in Health Care Forum, 2002
- Presenter, “Current Antitrust Issues Affecting Physicians,” Physicians and Physician Organizations Law Institute, American Health Lawyers Association, 2002
- Presenter, “Healthcare Antitrust 2001-2002: Networks, Unions, Dominant Provider Conduct: Trends and Uncertainty,” Annual Meeting, American Health Lawyers Association, 2002
- Presenter, “The Managed-Care Problem and the Antitrust Laws: What Physicians Should Know,” American Association of Clinical Urologists, 2002
- Presenter, “Conduct Foreclosing Physicians From Patients: Five Scenarios,” Antitrust in Healthcare Seminar, American Health Lawyers Association and American Bar Association, 2001
- Panelist, “Coordinated State/Federal Antitrust Enforcement: Practice and Pointers,” Spring Meeting, Antitrust Law Section, American Bar Association, 2000
- Presenter, “A Conceptual and Practical Approach to the Antitrust Analysis of Virtual Mergers,” Antitrust in the Healthcare Field Seminar, American Health Lawyers Association, 2000
- Author, “Joint Venture Analysis and Provider-Controlled Health Plans,” Antitrust Law Journal, 1997
- Co-author, Antitrust Guide for Health Care Coalitions, 1983
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