Office of Fair Trading (OFT) guidance on NHS mergers

The Office of Fair Trading (OFT) clarified that the Enterprise Act 2002 placed duties on the OFT to refer completed or anticipated mergers to the Competition Commission for further investigation in cases where a relevant merger situation had been created and where that merger situation resulted in a substantial lessening of competition.

The OFT suggested that the Enterprise Act 2002 would apply to mergers between NHS foundation trusts and between an NHS foundation trust and an NHS trust. However, mergers between NHS trusts would fall outside the OFT's remit.