CMA and Monitor publish guidance on the competition review of NHS mergers

The Competition and Markets Authority (CMA) and Monitor have jointly published a short guide on the competition review of NHS mergers.

The guide will help merging providers navigate the review process. It covers the respective roles of the CMA and Monitor, whether and when to notify them about a merger, the stages of review, how the merger review assesses competition and where patient benefits are considered. It is designed as a short introductory guide and is supported by more detailed guidance produced by the 2 bodies.

It also stresses the importance of early engagement with Monitor when considering a merger or similar strategic option and how both Monitor and the CMA can provide informal advice for providers during the early stages of the process.

Alex Chisholm, CMA Chief Executive, said:

"We understand this is still new territory for NHS providers and so we want to do all that we can to ensure that they understand the process and know what to expect. That way we can help things run as quickly and efficiently as possible. Both of our organisations are focussed on ensuring that patient interests are the deciding factor in planning NHS mergers."

The CMA has also today published longer and more detailed guidance on how it reviews NHS mergers, aimed at legal and financial advisors working for merging parties. A draft version of this document was published in May and the final version incorporates changes made as a result of the responses received. Monitor has also published more detailed guidance on transactions and how it assesses merger benefits.

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