Jurisdiction(s):
United Kingdom

Key definition

PPP definition

What does PPP mean? A public–private partnership (PPP) is a long-term arrangement where a contracting authority engages a private consortium to design, build, finance and operate or maintain public infrastructure or services, with risk and reward allocated by contract. PPP is a descriptive umbrella term, not a distinct legal form; the governing rights arise from the project agreement and the applicable public procurement or concession regimes. PPPs are commonly delivered via a special purpose vehicle (SPV) owned by private sponsors (occasionally with a public share or joint‑venture element), financed on a limited‑recourse project finance basis. Typical features include 20–30 year terms, performance-based payment (unitary/availability...

AXA PPP Healthcare v CMA (UK CAT): Private healthcare market appeal—anaesthetists’/consultant groups AEC challenge dismissed; insured AEC and HCA divestment decisions quashed and remitted

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub reflects the position as at the judgment dated 13 March 2015; it is no longer updated. See the timeline, commentary and related cases.

Case facts

Outline: An Appeal brought by AXA PPP Healthcare Limited against the CMA’s final decision following the private healthcare market investigation (CAT case number 1228/6/12/14).

Parties

AXA PPP Healthcare Limited (AXA) — one of the UK’s largest providers of private medical insurance (PMI).
Competition and Markets Authority (CMA).

Market(s)

The matter concerns privately funded healthcare services in the UK, covering independent private hospitals as well as private patient units in NHS hospitals. AXA supplies PMI in the UK and enters agreements with private hospital groups for medical services; the three largest private hospital groups were the principal parties in the CMA’s private healthcare market investigation.

Decision being appealed

The CMA’s final decision and report in the private healthcare market investigation, published on 2 April 2014...

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