On April 4, 2012, the Office of Fair Trading ("the OFT") confirmed that it has referred the market for privately funded health care services in the UK to the Competition Commission for in-depth investigation. 

The OFT published its private health care market study December 2011, and announced at the time that it had provisionally decided to refer the market to the Competition Commission.  There was a period of consultation on the OFT's decision, and interested parties were invited to make written representations before 30 January 2012.  A final decision on the reference was due to be made by the end of March 2012. 

In announcing its final decision the OFT stated that after considering the responses submitted during the consultation process, the OFT continued to be of the view that there are reasonable grounds for suspecting that features of the market could prevent, restrict or distort competition. 

For the OFT's press release, click here.  Rod Lambert and Nicola Birney 

Rod Lambert (rlambert@fulbright.com / +44 207 832 3606) is a partner and Nicola Birney (nbirney@fulbright.com / +44 207 832 3636) an associate in the healthcare practice of Fulbright & Jaworski International LLP in London.