Key takeaways
CMA is increasingly prioritising consumer protection in complex service markets
Focus on transparency, pricing and access to enable informed consumer choices.
CMA’s regulatory scrutiny of private healthcare markets is intensifying
CMA following formal veterinary services investigation with review of private dentistry market.
Focus on consumer protection extends beyond market investigations
DMCC Act 2024 looks to impose stricter obligations on digital service subscription providers.
CMA market investigations
Throughout recent years the Competition Markets Authority (CMA) has launched investigations across a range of healthcare sectors, such as fertility services, in an attempt to increase transparency and address concerns regarding affordability, access, pricing and competitive conditions in market areas. These investigations take place against a backdrop of an increasingly strong CMA focus on consumer protection, in markets where consumers are required to make complex decisions in environments characterised by limited information and transparency.
The CMA has signalled that its enforcement will focus on areas where consumer spend is essential, including private health, and will particularly target practices that prey on vulnerability, such as drip pricing, fake reviews and membership fees. With fertility clinics, for instance, the CMA has required conduct in accordance with “professional diligence” requiring that such services must adhere to strict guidelines on information provision, fair pricing, and complaints handling.
Investigation into the private dentistry market
On 5 March 2026 the CMA launched its most recent market investigation into the supply of private dental services in the UK. The private dentistry market is estimated to be worth £8 billion and has grown significantly in recent years as access to NHS dentistry becomes increasingly constrained. The investigation comes at a critical time, coinciding with the implementation of NHS dentistry reforms from 1 April 2026, which impose significant reform to NHS dentistry contracts. As a result, it will be interesting to see how both the public and private dentistry markets respond to these changes, and how these developments will influence the course or findings of the investigation.
The CMA has published a proposed scope of the private dentistry market study in which one of the key driving forces appears to be consumer dissatisfaction with the current private market, where patients have experienced notable increases in private treatment prices, coupled with rising dissatisfaction regarding the availability and quality of NHS dental services.
The investigation therefore will examine the effectiveness of the private dentistry market for consumers, specifically addressing: (i) the patient experience and consumer journey, (ii) the transparency of treatment options, pricing and information, (iii) the competition between private practices, (iv) sector profitability, pricing trends and cost drivers, and (v) the market regulation.
Addressing this scope will highlight the current effectiveness of the private dentistry market and inform the CMA’s updated regulatory changes to be implemented.
Investigation into the market for veterinary services for household pets
At the other end of the CMA’s market investigation cycle is the conclusion of its review of the market for veterinary services for household pets. This investigation concluded on 24 March 2026, with reforms due to be implemented by the end of 2026. The CMA’s final report identified competition concerns, finding that consumers often had limited choices and insufficient information to make informed decisions, and were often paying premiums due to a lack of transparency across the market.
The reforms are intended to increase transparency and promote fair pricing, including by capping fees for written prescriptions at £21. In addition, the CMA have announced that the “Find a Vet” website will be enhanced with a new comparative feature, enabling consumers to compare veterinary practices. The CMA has also proposed legislative reform to the government, to grant the Royal College of Veterinary Surgeons (RCVS), as the sector regulator, stronger enforcement powers in respect of both businesses and professionals.
Across both ends of the CMA’s market review pipeline, consumer protection emerges as a central priority. The private dentistry market investigation has been initiated in part in response to growing consumer dissatisfaction, while the veterinary services investigation has implemented reforms to enhance consumer awareness, transparency and protection. As the dentistry investigation progresses, dentistry practices should monitor developments closely and consider proactively reviewing their pricing structures, transparency of information, and consumer communications in anticipation of potential regulatory intervention.
DMCC updates
Consumer protection is also prioritised within the Digital Markets, Competition and Consumers (DMCC) Act 2024. Whilst the majority of the Act has now been implemented, provisions relating to digital subscription contracts have been deferred for implementation through secondary legislation. However, on 2 April 2026, the government confirmed that this secondary legislation is expected to come into force by Spring 2027 and provided further clarity on the scope and likely content of what it is likely to entail.
The Act proposes strict regulations governing digital subscription contracts, to ensure that consumers are adequately informed of the subscription terms prior to signing up, and imposes communicatory regulations by the supplier throughout the course of their subscription, such as at the end of a trial. To constitute a “digital subscription” and therefore fall under the Act, the contract must be between consumers and traders for the supply of goods, services or digital content in exchange for payment.
It also must either (i) automatically renew on an indefinite or fixed-term basis, and/ or (ii) have a free or discounted trial, auto-renewing at a higher rate after the trial period and have a right to cancel before the higher charge applies. By mandating this information, it aims to enhance protection afforded to consumers entering these contracts, and to mitigate the current £400 million spent on “unwanted” or “misleading” subscriptions by members of the public each year.
The DMCC digital subscription provisions are therefore expected to strengthen consumer protection by imposing more stringent obligations on subscription providers, with further details to emerge over the coming year.
