Why specialists lost competition appeal

The failure of the Federation of Independent Practitioner Organisations’ (FIPO) appeal to the Competition Appeal Tribunal has been greeted with disappointment from the appellant, the Independent Doctors Federation and the BMA’s private practice committee. Here is a quick run-down of the arguments and rulings, prepared as an summary by the Registry of the Competition Appeals Tribunal

fees11 FIPO claimed the ‘PMI decision’ was based on the fact­ually erroneous or irrational find­ing that consumer choice was not restricted by the insurers’ practice of directing policyholders to con­sul­tants whose fees were within the insurers’ caps.

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