The Competition Appeal Tribunal has dismissed an appeal by FIPO in relation to findings from the CMA’s private healthcare investigation.
The Federation of Independent Practitioner Organisations (FIPO) had challenged the Competition and Markets Authority’s (CMA) finding in its final report published in April 2014 that there was not an adverse effect on competition arising from the exercise of buyer power by private medical insurers and the CMA’s remedy requiring more publicly available information on consultant fees.
Today the Competition Appeal Tribunal (CAT) dismissed the appeal on all 7 grounds.
The CAT held its hearing on the FIPO appeal in January 2015, when a separate challenge by AXA PPP on local anaesthetist groups was also heard. The AXA PPP appeal was dismissed last month.
In December 2014, the CMA appointed the Private Healthcare Information Network to provide independent information for private patients on healthcare performance and fees as required by the CMA’s final report. Today’s judgment means that the website will be able to carry information on consultants’ fees along with information on their performance and the performance of private hospitals.
In December 2014, the CAT agreed to the CMA’s request to quash part of its final report relating to the healthcare market in central London – and remit it back to the CMA to reconsider and reach a new decision. Details on the remittal can be found on the case page.