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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 Health Care 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.

In a recent decision, the Court of Federal Claims rejected the Government’s motion to dismiss a lawsuit filed under the Tucker Act seeking to recover “risk corridors” payments pursuant to §1342 of the Affordable Care Act. In Health Republic Insurance Co. v. U.S. (Jan. 10, 2017), the Court held that “HHS is required to make