Draft NHS merger review guidance
Consultation on guidance seeking views on the CMA’s approach when reviewing mergers involving providers of NHS services.
The consultation invites views from advisers and interested parties on the CMA’s approach to the review of NHS mergers within the existing statutory framework.
The guidance is concerned with those mergers involving at least one public organisation providing NHS services in England, such as NHS hospitals (acute, community and mental health), ambulance trusts, other trusts or part of their organisation, which are covered by the provisions of the Enterprise Act 2002, as amended by the Enterprise and Regulatory Reform Act 2013.
This guidance builds upon experience of the CMA and its predecessors (the Office of Fair Trading and the Competition Commission) in assessing NHS mergers together with existing guidance on the review of mergers published or adopted by the CMA. We have also addressed aspects which are specific to the healthcare sector, including Monitor’s involvement.