Competition and Markets Authority launches its market study into private dentistry

The Competition and Markets Authority launched its expected market study yesterday into private dentistry in the UK, to review whether the market is working well for consumers.

The CMA’s Statement of Scope indicates that the CMA intends to review the market from both a competition law and consumer law standpoint. It also indicates that the CMA will focus on:

• Publicly funded dentistry and related policy – but only to the extent that it may impact incentives and competition/consumer outcomes in the private dentistry market

• Consumer journey and choice, including: (i) how consumers access, assess and act on information to make informed choices (this will also explore how consumers distinguish between publicly funded and private dentistry options); (ii) the availability of private dental services and ease of access and switching for consumers; and (iii) other key features of the consumer experience when engaging with private dental services, including consumers’ confidence in the advice they get.

• Competition – how, and the extent to which, dentists compete to win and keep customers.

• Conduct – whether any unfair practices/anticompetitive conduct or other conduct is being engaged in that may adversely affect consumers/competition.

• Regulatory frameworks – the extent to which the regulatory frameworks and their enforcement support good competition and consumer outcomes, including in terms of providing adequate information provision and decision making.

• Market outcomes – how prices have changed compared to inflation; and the relative profitability of service providers and of the different services they provide.

Once the CMA has completed its study into the market, it will consider whether measures are needed to improve outcomes for consumers. The CMA envisages that potential outcomes may fall into the following categories:

• Making specific recommendations to governments or taking direct CMA action to improve competition/consumer outcomes
• Informing government policy making (both UK and devolved)
• Highlighting areas more at the periphery of the private market/CMA’s remit, where they may have a bearing on consumer outcomes in the market.

Interested parties now have an opportunity to comment on the Statement of Scope, with input being requested by 2 April 2026 (views should be emailed to [email protected]). The CMA wants to hear from a range of stakeholders, including dentistry professionals and businesses (ranging from large corporate groups to independent dentistry practices), industry and professional representatives, regulatory bodies and consumers and consumer groups. There is also a short survey available for dental professionals (with a deadline of 19 March for completion) and a webinar being held on 18 March to inform stakeholders about how the market study will run.

The Statement of Scope recognises the potential concerns that a formal market study can create market uncertainty and burdens for businesses and commits that the CMA will undertake the study in line with its “4Ps” framework, with a strict focus on the pace, predictability, proportionality and process of the study.

Carson McDowell’s Competition team and Regulatory & Professional discipline team have been supporting dentists and dental operators for decades and are experienced in advising on CMA regulatory processes and market studies. Please do not hesitate to get in touch with a member of our teams or your usual Carson McDowell contact if you would like to discuss the potential impact of the study further and how we can support you.

*This information is for guidance purposes only and does not constitute, nor should be regarded as, a substitute for taking legal advice that is tailored to your circumstances.