Choice and competition: hypothetical scenarios for NHS healthcare providers

Examples of the types of conduct that can breach the competition condition of the NHS provider licence and competition law.



Each example looks at the effect of an agreement or conduct on patients and what Monitor’s analysis would be under the provider licence and competition law

These examples are illustrations and not a statement of the law: they are designed to help providers ensure that their conduct does not have a negative effect on patients.

Monitor’s hypothetical examples complement guidance it has published on:

  • The application of the Competition Act 1998 in the healthcare sector
  • Choice and competition: guidance for providers of NHS-funded services
  • Monitor’s approach to market investigation references: guidance for providers
Published 12 September 2014