This MOU has been withdrawn as there is no longer a regulator with concurrent competition law powers in the healthcare services sector in England and the CMA now has sole jurisdiction to apply competition law in in that sector. From 2012, Monitor had concurrent powers in relation to the provision of healthcare services in England. Monitor was the sector regulator for health services in England and operated as part of NHS Improvement. The Health and Care Act 2022 abolished Monitor and its functions were transferred to NHS England. However, its concurrent competition law powers were not transferred to NHS England.
This memorandum of understanding (MoU) sets out the working arrangements between the Competition and Markets Authority (CMA) and NHS Improvement in relation to their concurrent competition powers and co-operation with respect to UK merger control.
NHS Improvement launched on 1 April 2016, bringing together Monitor, the NHS Trust Development Authority, Patient Safety, the National Reporting and Learning System, the Advancing Change Team and the Intensive Support Teams.