The CMA is looking at private dentistry – understanding the stages of a market study

With the CMA signalling that it may launch a market study into private dentistry, understanding the market study process is essential. Early awareness enables providers to plan effectively to be ready to engage constructively in the process. The second blog in our series focuses on the stages of a market study, breaking down the CMA’s process into clear phases, so you know what to expect at each step.

Look out for the third instalment of our series where we will outline the practical steps providers can take to prepare, including setting an internal strategy, navigating each stage, and anticipating the resources that are likely to be required.

Stage 1: Launch

A market study begins with the publication of a market study notice which will set out:

• the issues the CMA intends to examine;
• the period during which representations may be made; and
• the timescales for completing the study. 

The CMA will also publish a Statement of Scope, setting out the areas of concern that it intends to explore and will invite written feedback. This is a strategic opportunity to shape the CMA’s understanding of the sector, so providers should be ready for early engagement.

Alongside this, the CMA will publish a Project Roadmap explaining the key stages of the project. This will include information about how the study will be run, for example, whether the CMA will appoint an expert panel, or whether the CMA plans to hold webinars or roundtables for sector participants.

Stage 2: Information gathering 

Once the study is underway, the CMA begins evidence gathering, which may be from a wide range of sources.

Stakeholders can expect to receive detailed information requests, which may include operational and financial data, as well as requests for internal documents such as management reports or board papers. There may also be opportunities to engage with the CMA in other ways, such as “teach in” meetings and roundtables.

This phase can be resource intensive. The CMA typically uses its statutory powers to obtain information, which come with formal compliance obligations and may have tight deadlines. Responding fully and on time will be important.

Stage 3: State of play and interim report

Towards the end of the evidence gathering phase, the CMA will have an internal state of play discussion. This discussion will assess the areas of concern being explored against the evidence gathered and will determine whether to continue, amend or remove any areas of analysis. Stakeholders will be informed of the outcome.

In many cases, the CMA will publish an interim report, giving stakeholders an early view of its thinking. This is an important point in the process as it is the first indication of potential outcomes. Stakeholders will have the opportunity to comment and provide further evidence, offering an opportunity to influence the study’s conclusions.

Stage 4: Market study report 

The CMA must publish its final report within 12 months of starting the study. The report sets out its conclusions and the actions (if any) that it intends to take. As we noted in our previous blog, there are a range of possible outcomes, from a clean bill of health to a reference for a full market investigation.

If you would like to discuss what a market study could mean for your organisation, or how best to prepare for engagement with the CMA, our team of experts would be happy to help.

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