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A new perspective on the old question of “does competition law apply to the NHS?” from @NHSEngland @NHSImprovement #NHSLongTermPlan proposal to remove @CMAgovUK and @NHSImprovement concurrent powers (=parallel jurisdiction) [a thread] (1/7)
@NHSEngland @NHSImprovement @CMAgovUK “…NHS Improvement would no longer have general competition law powers to enforce the Competition Act 1998, or to conduct market studies or make market investigation references under the Enterprise Act 2002”(para 54, bit.ly/2lTLYFk). First CA98, then EA02 (2/7)
@NHSEngland @NHSImprovement @CMAgovUK @CMAgovUK power to use CA98 to cases involving NHS is already curtailed by Regs 5 & 8 Competition Act 1998 (Concurrency) Regulations 2014, so only @NHSImprovement appears able to intervene. (3/7)
@NHSEngland @NHSImprovement @CMAgovUK If @NHSImprovement CA98 powers also removed, competition law may remain applicable, but who applies it? If @CMAgovUK @NHSImprovement application of competition law was controversial, how would private enforcement benefit NHS patients? (4/7)
@NHSEngland @NHSImprovement @CMAgovUK @NHSImprovement also to lose market study/investigation power – so @CMAgovUK retains sole power to investigate the NHS market and impose fines etc to correct adverse effects on competition? Seems out of line with the rest of @NHSEngland @NHSImprovement proposals. (5/7)
@NHSEngland @NHSImprovement @CMAgovUK Still, good to see that @NHSImprovement competition powers acknowledged to go beyond s.75 HSCA 2012 and 2013 Regulations – as I highlighted in a consultation response and in evidence to @CommonsHealth - bit.ly/2ZN3wCa (6/7)
@NHSEngland @NHSImprovement @CMAgovUK @CommonsHealth For more detail – see bit.ly/2KdDHXh @IntersentiaUK More to follow on mergers another time. End (for now!) (7/7)
