Jurisdiction(s):
United Kingdom

Key definition

Commission definition

What does Commission mean? In legal practice, a commission is a payment, usually percentage‑based, made to an agent, broker or introducer for securing business or facilitating a transaction. Under UK bribery law, the Bribery Act 2010 (England & Wales, Scotland and Northern Ireland) does not define commission, but criminalises offering, promising, giving, requesting or receiving a financial or other advantage to induce or reward improper performance. A commission may constitute such an advantage depending on intent, knowledge and context; not every commission is a bribe. Transparent, proportionate, contractual commissions for genuine services are generally lawful, whereas concealed or disproportionate payments, particularly to public...

Competition Appeal Tribunal quashes Competition Commission data room restrictions in private healthcare market investigation: breach of Enterprise Act 2002 s169 duty to consult and natural justice (BMI, HCA, Spire)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 2 October 2013; it is no longer maintained.

Outline

Appeal brought by BMI Healthcare, HCA International and Spire Healthcare against a Competition Commission (CC) ruling that permitted Access to a disclosure room while prohibiting reliance on documents seen there as evidence within the private healthcare market investigation.

Parties

BMI Healthcare (BMI)
HCA International (HCA)
Spire Healthcare (Spire)

These are the three largest private hospital operators in the UK and the key parties to the private healthcare market investigation.

Background

This is the first challenge following the CC’s provisional findings in the private healthcare market investigation. Both appeals concern the CC’s process for making collected material available to participants in the inquiry. The stakes are significant, as the CC has provisionally identified competition issues and is considering requiring BMI, HCA and Spire to divest hospitals...

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Web page updated on 21/05/2026

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