Of Counsel Joanna Christoforou is a contributing author to the section on Mergers in the NHS.
Mergers involving NHS foundation trust hospitals are subject to the UK merger control rules. This Practice Note details the merger rules and procedure as they apply to NHS Foundation Trust hospitals. There is an outline of the general merger control merger regime as it applies to Foundation trusts, this includes the CMA review and Monitor’s role and the meaning of 'enterprise' as it applies to NHS mergers is explored as well as an outline of the healthcare specific merger regime which applies to mergers between NHS trust hospitals. The framework for merger assessment carried out by Monitor is detailed, including jurisdictional issues, the review timetable and the merger analysis carried out by Monitor. There is a detailed analysis of the CC’s findings in the Poole/Bournemouth proposed merger between foundation trusts and an exploration of its impact.