Merger Update: Welltower / multiple care homes

Consultation on undertakings in lieu: Welltower / multiple care homes

The Competition and Markets Authority (CMA) has opened a consultation on undertakings in lieu of reference offered by Welltower, Inc (Welltower) and Apex Healthcare Properties LLC (Apex) to address competition concerns identified by the CMA over Welltower's completed acquisitions of multiple care homes managed by Barchester Healthcare, HC-One, Aria Care (including Asprey) and Danforth Care (together, the Mergers).

On 7 May 2026, the CMA announced that it would refer each of the Mergers for an in-depth, Phase 2 investigation unless Welltower and Apex offered acceptable undertakings in lieu to address the CMA's concerns.

To address the CMA's concerns, Welltower has offered to:

(i)   divest its freehold or leasehold (as applicable) interests in, and the operations of, certain care homes currently operated under a RIDEA structure (the Freehold and Leasehold Divestments); and

(ii)  change operators at certain care homes (the Reallocated Homes).

Apex has also offered to give undertakings in lieu of a reference that it will not re-enter into any operator contracts in relation to the Reallocated Homes (including with any new owner where such homes are part of the Freehold and Leasehold Divestments).

On 21 May 2026, the CMA announced that it would look in detail at these offered undertakings in lieu. The CMA has until 17 September 2026 (as extended) to consider whether to accept the undertakings in lieu, or a modified version of them. As part of this process, the CMA is now consulting publicly on whether the proposal is sufficient to address the competition concerns identified by the CMA.

Before reaching a final decision, the CMA is therefore inviting interested parties to make their views known. The deadline for responses is 14 August 2026.

The consultation on the offered undertakings in lieu and all other information relating to this merger investigation can be found on the dedicated case page on the CMA's website at Welltower / multiple care homes merger inquiries - GOV.UK.

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