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Jeff Miles

Senior Counsel

With more than 40 years of experience, John "Jeff" Miles is a nationally recognized authority on antitrust law.

Professional Biography

Overview

Jeff Miles is a nationally recognized authority on antitrust law, particularly antitrust issues affecting the health care sector.

Mr. Miles has limited his practice to antitrust law for more than 42 years, representing primarily hospitals, health care systems, hospital networks, physician practices and physician contracting networks. His work focuses on the antitrust ramifications of provider mergers, pre-merger and due diligence advice, joint ventures, contracting networks and other affiliations, as well as staff-privilege antitrust issues, provider and health-plan exclusionary conduct, and professional association antitrust compliance. His practice consists primarily of antitrust counseling, representing parties in investigations by the Antitrust Division, Federal Trade Commission and state attorneys general, and appellate briefs and arguments.

Prior to private practice, Mr. Miles was a trial attorney with the Antitrust Division of the U.S. Department of Justice, where most of his work related to health care antitrust enforcement. While there, he received a special commendation award from the U. S. Attorney General for serving as lead counsel in the government's first successful hospital-merger challenge. Prior to his service with the Antitrust Division, he formed and was the assistant attorney in charge of the Virginia Attorney General's Antitrust Unit. He holds undergraduate and graduate degrees in economics from Virginia Tech and a law degree from the Washington & Lee University School of Law, where he graduated with high honors and was associate editor of the Washington & Lee Law Review.

Mr. Miles currently represents a national professional association in an investigation by the U.S. Department of Justice Antitrust Division, several physician groups contemplating mergers and other types of affiliations, a hospital system in two proposed hospital affiliations, a commercial health plan divesting part of its business, and several provider groups planning clinically integrated contracting networks.  His previous work includes successfully guiding two hospitals through a Federal Trade Commission investigation, advising a clinically integrated hospital network, successfully representing a hospital system in a four-hospital merger investigated by the Federal Trade Commission, and advising a hospital contracting network in investigations by the Antitrust Division and a state attorney general.

Mr. Miles successfully represented a defendant health system; a defendant professional association; an IPA executive; a large physician practice; and hospitals. He has represented a number of physician contracting networks and merging hospitals in FTC, Antitrust Division, and state attorney general investigations resulting in consent decrees, and he obtained the first two FTC staff advisory opinions approving clinically integrated physician networks.

Mr. Miles wrote and annually updates the six-volume Health Care & Antitrust Law treatise published by Thomson Reuters/Westlaw and has written or 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 subjects to various bar and health care organizations. He is an adjunct professor of law at the Washington & Lee University School of Law, where he teaches the antitrust law course. 

Professional Honors & Activities

Professional Memberships

  • Member – American Bar Association
    • Section of Antitrust Law
      • Health Care Committee
    • Section of Health Law
  • Member – American Economic Association
  • Member – American Health Lawyers Association
    • Fellow (2012)
    • Former Member – Board of Directors
    • Former Chair and Vice Chair – Antitrust Practice Group
    • Mentoring Program
    • Public Interest Contributor
  • Member – District of Columbia Bar Association
    • Antitrust Law Section
  • Member – Virginia State Bar (Inactive)
    • Co-founder, Past Chair and Past Board of Governors Member, Antitrust Law Section

Honoraries

  • Listed in Washington, D.C. Super Lawyers (2013 – 2018)
  • Listed in Chambers USA, America's Leading Business Lawyers – Healthcare (District of Columbia) (2010, 2013 – 2019); Healthcare (Nationwide) (2011 – 2019)
  • Listed in The Legal 500 (2012)
  • Listed since 2006 in The Best Lawyers in America®, Antitrust Law and Litigation - Antitrust Categories
  • Listed in Expert Guides to the Leading Lawyers – Best of the Best USA (2007, 2011 and 2013 – 2014) 
  • 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® Preeminent™ Peer Review Rated by Martindale-Hubbell
Publications
Speaking Engagements
  • Co-presenter – "Will the FTC Block Your Physician Practice Merger? Here's How to Tell," ABA Section of Health Law's 2018 Physician Legal Issues Conference, Chicago, Illinois (June 2018)
  • "Antitrust Primer on Health Care Antitrust Law," AHLA and ABA Section of Antitrust Law 2018 Antitrust in Healthcare Conference (May 2018)
  • "Vertical Healthcare Mergers and Health Care Antitrust Enforcement," Olive Tree Financial Services Roundtable Discussion, Washington, D.C. (April 2018)
  • "Antitrust Law and Health Care," video lecture, Washington University School of Law LL.M. program, St. Louis, Missouri (July 2017)
  • "The Importance of Integration in Healthcare Antitrust Counseling," American Health Lawyers Association webinar (April 2017)
  • "Efficiencies Analysis in Hospital Mergers," Navigant Economics/American Antitrust Institute Healthcare Antitrust Roundtable (February 2017)
  • "How the Antitrust Laws Might Affect Pennsylvania Physicians," Pennsylvania Medical Society Board of Directors (May 18, 2016)
  • "Antitrust & Health Care: Principles and Practice," ABA Sections of Antitrust Law and Health Law and AHLA Antitrust in the Healthcare Field Seminar (May 12, 2016)
  • "Assessing the Antitrust Risk from Healthcare Provider Mergers," webinar, Clearlaw Institute (March 2016)
  • "Antitrust Assessment of Healthcare Provider Mergers," video presentation, Lawline.com (March 2016)
  • "Assessing the Risk from Healthcare Provider Mergers: The Why, When, and How," video presentation, Lawline.com (June 2015)
  • "Provider Mergers: Assessing the Antitrust Risk," AHLA Physicians & Hospitals Law Institute Seminar (February 2, 2015)
  • "Anatomy of a Provider Antitrust Merger Challenge," ABA Sections of Antitrust and Health Law and AHLA Physicians and Hospitals Law Institute Seminar (February 2015)
  • "Antitrust Compliance and Clinical Integration," webinar, Strafford Publications (May 2013, September 2014, October 2014)
  • "Antitrust Year in Review," AHLA Annual Meeting (July 2014)
  • "Antitrust Primer," ABA Antitrust and Health Law Sections and AHLA Antitrust in the Healthcare Field Seminar (May 2014)
  • "Healthcare Antitrust Fundamentals," webinar, ABA Health Law Section (March 2014)
  • "The ABCs of Antitrust in Health Care: Part IV, Joint Ventures, ACOs, and Other Provider Networks," webinar, AHLA (January 2014)
  • "The State Action Exemption," ABA Section of Antitrust Law Teleconference (July 2013)
  • "The Anatomy of Physician Integration—Part IV: Antitrust," American Health Law Association (2013)
  • "Fundamentals of Healthcare Antitrust," AHLA Fundamentals of Health Law Seminar (October 29, 2012)
  • "Antitrust Challenges in Hospital Mergers: Navigating FTC-DOJ Guidance and Regulatory Actions Given the Tension Between ACA Efficiency Mandates and Pro-Competition Oversight," Strafford Publications (October 2012)
  • "Federal Trade Commission Scope of Practice Activities," American Society of Anesthesiologists (April 30, 2012)
  • "Healthcare Antitrust Fundamentals," webinar, Health Law Section, American Bar Association (April 2012)
  • "Health Plan Most-Favored-Nations Provisions with Providers in Metropolitan Areas," ABA Section of Health Law and the Antitrust and Consumer Law Section of the D.C. Bar (March 1, 2012)
  • "Understanding Competition in Health Care Markets: How Is Health Care Different from Other Industries?," ABA Section of Health Law Teleconference (February 15, 2012)
  • "The Federal Trade Commission and State Medical Boards: On an Antitrust Collision Course?," American Medical Association (January 6, 2012)

Education

  • Washington & Lee University School of Law, J.D., 1973, magna cum laude
    • Order of the Coif
    • Associate Editor – Washington & Lee Law Review
  • Virginia Tech, M.A. in economics, 1971
  • Virginia Tech, B.S., 1968
    • Degrees in public administration and economics
    • Elected to Phi Kappa Phi

Admissions

  • District of Columbia
  • Virginia (inactive)
  • Court of Appeals of the District of Columbia
  • Supreme Court of Virginia
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Supreme Court
  • Various other federal district courts pro hac vice
The experience with John has been exceptional, his strengths are his knowledge, experience and perspective. He has a pragmatic, user-friendly and problem-solving approach.
He is very focused on healthcare antitrust and is very knowledgeable in that area.

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