The privately funded healthcare competition investigation was initiated by the CMA (Competition and Markets Authority) last month.
At this stage, it’s only an initial investigation, and as the CMA often confirm, there are no assumptions to be made at this moment in time. What we do know is that a decision as to whether the investigation will continue or not is set to be made in the next couple of months.
As more and more services are outsourced to the private sector in relation to healthcare, this could be a significant investigation.
About the privately funded healthcare competition investigation
It’s very early days in the privately funded healthcare competition investigation, so there isn’t a great deal of information about the matter at this stage.
What we do know is that the CMA will be looking to make a decision in October 2019 as to whether to continue with the investigation or not. We also know that the investigation is looking into suspected anti-competitive arrangements that may be in breach of important competition laws.
No view has been reached as of yet as to whether any breaches have taken place, so no assumptions can be made.
What might happen next?
If the CMA decides to continue the privately funded healthcare competition investigation, they may issue a statement of objections to any behaviour that they deem to be potentially in breach of the law.
Those organisations who may stand accused of anti-competitive behaviour will be afforded the opportunity to respond to any allegations and statements that are made. If any illegal behaviour has been taking place, organisations would be wise to accept what has been going on and fully cooperate with the CMA’s investigations, if that’s the case.
Leniency can be applied for companies who come forward and accept what has been going on, and cooperation can also be rewarded where it avoids the need for the CMA to have to spend time and money on lengthy investigations.
The CMA will also need to decide whether it’s commercially viable for them to conduct further investigations as well.