The Enterprise Act 2002

The Enterprise Act received royal assent in 2002 and made significant changes to the application of competition legislation in the UK.

The Act gave more independence to the competition authorities and established a new merger regime, where decisions would be taken by independent competition authorities against a competition-based test, rather than a public interest test.

NHS trusts were not deemed 'enterprises' under the Act. However, foundation trusts would later be subject to the provisions of the Enterprise Act.