Circle Health / BMI Healthcare merger inquiry
The CMA is investigating the completed acquisition by Circle Health Holdings Limited (and indirectly by Centene Corporation via a minority interest in Circle Health Holdings Limited) of GHG Healthcare Holdings Limited (a parent company of BMI Healthcare Limited).
Statutory timetable
| Date | Action |
|---|---|
| 23 June 2020 | Undertakings in lieu of reference accepted |
| 8 April 2020 | Decision announced |
| 12 to 26 February 2020 | Invitation to comment |
| 12 February 2020 | Launch of merger inquiry |
| 20 December 2019 | Initial enforcement order |
*This date is the current statutory deadline by when the decision will be announced. If any change occurs, the information is refreshed as soon as practicable. However, the CMA cannot guarantee that the decision will be announced on or before this current deadline, as the deadline of a given case may change during the merger assessment process due to different reasons.
Phase 1
Decision to vary the undertakings in lieu of reference
2 May 2024: the CMA decided to vary the undertakings to remove Circle’s obligation to divest Circle Birmingham Hospital. Futher information can be found on the Circle Health / BMI Healthcare: Review of undertakings case page.
Decision to undertake review of the undertakings in lieu of reference
2 August 2021: The CMA has decided to review the undertakings in lieu of a reference offered in relation to the completed acquisition by Circle Health Holdings Limited of all the issued share capital of CHC Healthcare Holdings Limited (a parent company of BMI Healthcare Limited). Please see Circle Health / BMI Healthcare: Review of undertakings for further information.
Directions to appoint a monitoring trustee
25 June 2020: Pursuant to the Undertakings in Lieu accepted 23 June 2020, the CMA directed Circle to appoint a monitoring trustee.
- (14.8.20)
Undertakings in lieu of reference accepted
23 June 2020: The CMA has accepted undertakings in lieu of reference for the completed acquisition by Circle Health Holdings Limited of GHG Healthcare Holdings Limited (a parent company of BMI Healthcare Limited).
- (29.6.20)
- (23.6.20)
Amendments/consents granted:
- (6.10.22)
- (6.10.22)
- (28.3.22)
- (7.12.20)
- (29.10.20)
- (2.10.20)
- (13.7.20)
Undertakings in lieu of reference consultation: closes 28 May 2020
14 May 2020: We are consulting on proposed undertakings in lieu of a reference for the completed acquisition by Circle Health Holdings Limited of GHG Healthcare Holdings Limited (a parent company of BMI Healthcare Limited).
- (14.5.20)
- (14.5.20)
CMA to consider undertakings offered
24 April 2020: The CMA considers that there are reasonable grounds for believing that the undertakings offered by Circle Health Holdings Limited, or a modified version of them, might be accepted by the CMA under the Enterprise Act 2002.
- (29.4.20)
Reference unless undertakings accepted
8 April 2020: The CMA has decided, on the information currently available to it, that it is or may be the case that this merger has resulted or may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom. This merger will be referred for a phase 2 investigation unless the parties offer acceptable undertakings to address these competition concerns.
- (20.5.20)
- (8.4.20)
- Press release: Private hospital merger to be approved if local concerns addressed (8.4.20)
Re-issue of initial enforcement order
11 March 2020: The CMA has served an initial enforcement order under section 72(2) of the Enterprise Act 2002, in relation to the completed acquisition by Circle Health Holdings Limited (and indirectly by Centene Corporation via a minority interest in Circle Health Holdings Limited) of GHG Healthcare Holdings Limited (a parent company of BMI Healthcare Limited).
- (25.3.20)
Amendments/consents granted:
- (21.5.20)
- (21.5.20)
- (14.5.20)
- (14.5.20)
- (14.5.20)
- (24.4.20)
- (27.3.20)
- (27.3.20)
- (27.3.20)
- (27.3.20)
- (27.3.20)
- (27.3.20)
- (27.3.20)
Revocation order
11 March 2020: The Competition and Markets Authority (CMA) has made a Revocation Order under section 72(4) of the Enterprise Act 2002 in relation to the completed acquisition by Circle Health Holdings Limited (and indirectly by Centene Corporation via a minority interest in Circle Health Holdings Limited) of GHG Healthcare Holdings Limited (a parent company of BMI Healthcare Limited). This Order revokes the initial enforcement order that the CMA imposed on 20 December 2019 and is without prejudice to the CMA’s ongoing investigation into the acquisition.
- (25.3.20)
Invitation to comment: now closed
12 February 2020: The CMA is considering whether it is or may be the case that this transaction has resulted in the creation of a relevant merger situation under the merger provisions of the Enterprise Act 2002 and, if so, whether the creation of that situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.
To assist it with this assessment, the CMA invites comments on the transaction from any interested party.
These comments should be provided by the deadline set out above.
Launch of merger inquiry
12 February 2020: The CMA announced the launch of its merger inquiry by notice to the parties.
- (12.2.20)
Initial enforcement order
20 December 2019: The CMA has served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on Circle Health Holdings Limited and Circle Health 4 Limited, in relation to the acquisition by Circle Health of the parent company of BMI Healthcare, GHG Healthcare Holdings Limited.
- (30.12.19)
Amendments/consents granted:
- (18.2.20)
- (12.2.20)
- (15.1.20)
- (13.1.20)
- (30.12.19)
Contact
Please send written representations about any competition or public interest to:
Nadia Muhammad
Updates to this page
Last updated 6 October 2022 + show all updates
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Derogations published.
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Derogation published.
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Decision to undertake review of the undertakings in lieu of reference published.
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Variation of derogation published.
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Derogation published.
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Derogation published.
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Directions to appoint a monitoring trustee published.
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Figures 3 and 5 are no longer redacted in full in the SLC decision.
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Derogation published.
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Undertakings in lieu acceptance decision published.
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Undertakings in lieu of reference accepted and final undertakings published.
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Derogations 11 May and 14 May 2020 published
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Full text decision published.
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Notice of consultation, proposed undertakings and derogations published.
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The full text of the decision to consider undertakings has been published.
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Derogation published, and CMA to consider undertakings offered.
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Reference unless undertakings accepted announced and summary of phase 1 decision published.
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Derogations and variation order published.
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Revocation order and re-issued initial enforcement order documents published.
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Revocation order and re-issue of initial enforcement order announced.
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Derogation published.
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Launch of merger inquiry announced.
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Derogation added.
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Variation Order published.
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First published.