News story

CMA welcomes Court of Appeal verdict in private healthcare case

The CMA has welcomed a judgment from the Court of Appeal today which means it can carry on with its private healthcare remittal as planned.


The Competition and Markets Authority (CMA) has been carrying out a remittal investigation after the Competition Appeal Tribunal (CAT) in December 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.

When the CAT made this judgment in December, it also ruled that the remittal could be carried out by the same inquiry group that carried out the original investigation.

Private healthcare operator HCA had sought to challenge that decision and also appealed on 2 other grounds related to costs from its appeal to the CAT.

The Court of Appeal today dismissed the challenge on all 3 grounds, which means that the CMA can continue with the remittal as planned. The CMA started work on it in January this year and expects to publish its provisional findings in September.

The CAT dismissed 2 other appeals relating to the private healthcare investigation earlier this year.

Published 21 May 2015