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Focus Antitrust - 11 November 2015

11 November 2015

In The News

CMA issues provisional findings in remitted private healthcare market investigation

The CMA has issued its provisional findings as part of its remittal investigation into the private healthcare market. The provisional findings relate to the parts of the CMA’s original findings that were set aside by the Competition Appeal Tribunal and sent back to the CMA to reconsider.

This followed an appeal by HCA International Limited, the largest private hospital operator in central London. The CMA has provisionally found that HCA’s large market share, combined with high barriers to entry and expansion in central London, result in HCA facing weak competitive constraints and that this leads to HCA charging higher prices to private medical insurers than would be expected in a well-functioning market.

The remedies which the CMA is currently minded to consider are: the divestment of one or more hospitals by HCA; HCA allowing competitors access to one or more of its hospitals; and preventing further expansion by HCA in central London. Click here.

European Commission sends statement of objections to suspected participants in electrolytic capacitors cartel

The European Commission has informed ten manufacturers of electrolytic capacitors that it suspects them of having participated in a cartel, in breach of Article 101. Electrolytic capacitors are used to store electrical energy, for example to smooth the output of power supplies and to activate camera flashes.

They are used in many electronic products, including televisions, games consoles and mobile phones.

The Commission has concerns that, from at least 1997 to 2014, the ten manufacturers met in a range of multilateral meetings in Japan to discuss future market trends, prices and specific customer information. The Commission is also concerned that these multilateral meetings appear to have been supplemented with additional bi- or tri-lateral discussions between the companies. Click here.


  • The CMA has cleared the purchase of Bournemouth Water by South West Water. This follows the CMA’s provisional decision to clear the merger at the end of September. Click here.
  • The CMA has accepted final undertakings in relation to Reckitt Benckiser’s acquisition of the K-Y brand. Click here.

For more information please contact Paul Stone on +44 (0)20 7203 5110 or at paul.stone@crsblaw.com