These guidance documents will help NHS providers navigate their way through a transaction such as a merger or acquisition.

Documents

Supporting NHS providers: guidance on transactions for NHS foundation trusts

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Supporting NHS providers: guidance on merger benefits

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Competition review of NHS mergers: a short guide for managers of NHS providers

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Guidance on merger benefits: consultation response

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Detail

NHS providers considering a merger are urged to contact Monitor early in their planning to ensure proposals work well for patients.

Monitor will then provide expert support at an early stage to help foundation trusts understand whether a particular merger is the best way forward and makes sense from quality, operational, financial and (where relevant) choice and competition perspectives.

This new approach applies to joint ventures and major investments as well as mergers and acquisitions, and is set out in a suite of resources published today. These guidance documents are not a replacement for contacting Monitor early to discuss your individual case and receive tailored advice.

Contact Monitor

Foundation trusts with questions about the transactions guidance should contact their regional manager.

For questions about the mergers guidance, contact cooperationandcompetition@monitor.gov.uk.

For any other questions, contact enquiries@monitor.gov.uk

Transactions guidance

This guidance is for NHS foundation trusts considering a significant transaction. It:

  • explains Monitor’s approach to risk assessing transactions in more detail than ever before
  • describes how to access informal support relating to choice and competition by engaging with Monitor early
  • outlines good practice in complying with the regulatory framework for transactions including mergers and acquisitions

Merger benefits guidance

This guidance is for NHS organisations planning a merger.

It also explains how Monitor will assess and provide advice to the Competition and Markets Authority (CMA) on the benefits of mergers involving NHS foundation trusts. It covers:

  • Monitor’s role in relation to merger benefits
  • what is a relevant patient benefit
  • how the CMA will take our advice into account
  • our approach to assessing merger benefits
  • examples of types of merger benefits

Competition review of NHS mergers: a short guide for managers of NHS providers

This short guide seeks to answer the questions merging providers often ask about the UK merger review process. It is designed to highlight important aspects of the process of merger review and provide an overview of the substantive test. It is not intended to be comprehensive.

For further detail please refer to more in-depth guidance that the CMA and Monitor have published.

Consultation response: Monitor’s draft guidance on merger benefits

This describes the healthcare sector’s response to Monitor’s draft guidance and explains the changes made to the final guidance documents.

Podcast on the guidance

You can listen to Monitor’s podcast Supporting NHS providers considering transactions and mergers to hear Director of Provider Appraisal Miranda Carter and Executive Director of Co-operation and Competition Catherine Davies talk about the guidance.