The use of competition as a driver for improvement within the NHS clearly remains a source of political debate. This briefing aims to provide helpful information about the current regime, and to share useful learning about the wider ramifications of simply pursuing a significant transaction which we hope will remain beneficial for all providers.

In particular, this briefing aims to support NHS provider boards by:

• drawing together sources of key information with regard to the current competition regulatory regime in the NHS and the application of competition law when pursuing a merger, acquisition or other significant transaction such as a joint venture (known as the UK merger control regime) and the guidance published by Monitor and the Competition and Markets Authority (CMA); and
• sharing lessons learned and ‘top tips’ from a new collection of case studies from NHS providers which have recently pursued, or are pursuing, a transaction that has been subject to a competition review.

It complements existing guidance published by Monitor and the CMA and provides an insight into previous competition review cases involving NHS providers.

This briefing does not cover all elements of competition in the NHS, such as procurement legislation. Please refer to our FAQs for an overview of other competition issues provider boards shoud be aware of.