Consultation outcome

Review of Private Patient Unit (PPU) arrangements

This consultation has concluded

Detail of outcome

The CMA has published its response to the consultation and issued guidance on the CMA’s approach when reviewing PPU arrangements.

Feedback received

Summary of responses

CMS LLP

Linklaters on behalf of AXA PPP

NHS Partners Network

Nuffield Health

Detail of feedback received

The responses can be found above.


Original consultation

Summary

Consultation on draft guidance on the CMA’s approach when reviewing Private Patient Unit (PPU) arrangements. The consultation closes on 22 June 2018.

This consultation ran from
to

Consultation description

We are inviting views on the CMA’s approach when reviewing Private Patient Unit (PPU) arrangements. That is, arrangements for a private hospital operator to operate, manage, or otherwise provide privately-funded healthcare services at a private patient unit in England, Wales, Northern Ireland, or Scotland.

As a result of its Private healthcare market investigation (2014) the CMA made the Private Healthcare Market Investigation Order 2014 which contains a market-opening remedy in the form of a scheme to enable the CMA to review PPU arrangements. The PPU scheme set out in the Order is intended to complement the merger control regime that applies to all market sectors. Thus, PPU arrangements which constitute ‘relevant merger situations’ under Part 3 of the Enterprise Act 2002 are subject to review under the merger control regime. However, where PPU arrangements do not constitute a relevant merger situation, Part 2 of the Order allows the CMA to review the impact on competition of those arrangements, having regard to the competitive constraints in the relevant local area and, if appropriate, take remedial action.

This guidance is concerned with those PPU arrangements which do not constitute relevant merger situations under the Act and fall within the scope of Part 2 of the Order.

Documents

Consultation document

Updates to this page

Published 1 June 2018
Last updated 18 February 2019 + show all updates
  1. Responses to the consultation published.

  2. First published.

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