Merger Update: Circle/BMI

CMA invites comments on the CMA's Provisional Decision on the review of the undertakings given by Circle Health Holdings Limited :

The Competition and Markets Authority (CMA) has opened a consultation on the CMA's Provisional Decision on the review of the undertakings given by Circle Health Holdings Limited (Circle) to address competition concerns over its acquisition of all the issued share capital of GHG Healthcare Holdings Limited, the indirect parent company of BMI Healtchare Limited (BMI).

On 8 April 2020, the CMA announced that it would refer the acquisition for an in-depth investigation unless Circle offered acceptable undertakings to address the CMA's concerns.

On 23 June 2020, the CMA accepted undertakings in lieu of a reference pursuant to which Circle agreed to divest Circle Hospital (Bath) Limited and Circle Birmingham Limited to a purchaser or purchasers approved by the CMA by the end of the Divestiture Period.

On 1 June 2021, Circle completed the divestiture of Circle Hospital (Bath) Limited to Royal United Hospitals Bath NHS Foundation Trust. However, Circle did not receive any formal offers for Circle Birmingham Hospital. 

On 21 June 2021, Circle requested the CMA to review the UILs insofar as they relate to the divestiture of Circle Birmingham Hospital. The CMA has published its provisional decision on 10 December 2021 and as part of this process, the CMA is now consulting publicly.

Before reaching a final decision, the CMA is therefore inviting interested parties to make their views known. The deadline for responses is 24 December 2021.

The consultation on the provisional decision and all other information relating to this merger investigation can be found on the case page at https://www.gov.uk/cma-cases.

In the event of media enquiries please contact the PressTeam at Press@cma.gov.uk