Guidance on Consultant Medical Fees

In 2006 the Competition Authority (predecessor of the CCPC) published a consultation document to determine the scope of guidance that could be provided in respect of collective negotiations relating to the setting of medical fees. The aim of the consultation was to get a better understanding of the way in which fees for consultants’ services are negotiated between consultants and private health insurers.

As a consequence of the consultation process, the Authority published a guidance note under Section 30(1)(d) of the Competition Act 2002.

Why the need for guidance?

The Authority was concerned that within the discussions that take place between hospital consultants (and their representative bodies) and private health insurers, there may be conduct among consultants which breaches competition law. The aim of issuing the guidance was to ensure that consultants are aware of competition law and how it applies to them.

Please read our Medical Fees Guidance Note for the full text of our guidance.

Consultation responses

The following is a list of the non-confidential submissions received in response to the consultation document:

Is there more detail on this topic?

Trade associations can play a productive, pro-competitive role in the development of a sector, and promote an efficient market. However, we in the CCPC have often encountered situations where trade associations have been used to restrict competition. This has occurred where a trade association either coordinates anti-competitive activities, or provides competitors with the opportunity to meet and form anti-competitive agreements.

Please read our Guidance Note on Trade Associations for further detail on this topic.

However, if you have read the guidance and still have concerns about a particular agreement or other forms of coordinated activity you can contact us.

Relevant provisions

Section 30(1)(d) of the Competition Act 2002

Section 4 of the Competition Act 2002

Article 101 of the Treaty for the Functioning of the EU

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