CMA review into UK private dentistry market: Legal comment

The Competition and Markets Authority (CMA) has today announced it is opening a review into the private dentistry market in the UK.

It is seeking feedback from consumers and dental professionals on issues such as finding a dentist and understanding prices as it explores how well the market is operating.

The CMA said difficulties in accessing NHS treatment has driven up demand for private dentistry in recent years, with one in five people using private dental care in 2024 and prices for initial consultations increasing by 23% between 2022 and 2024.

Rebecca Hainsworth, Partner in commercial healthcare at UK and Ireland law firm Browne Jacobson, said: “Access to NHS dental services has become increasingly difficult since the pandemic, driven by significant post-Covid backlogs that have been exacerbated by patients presenting with more complex needs, as well as workforce constraints leading to thousands of dentists retreating from NHS contracts that may be deemed less lucrative than treating private patients.

“With a vast number of consumers therefore pushed towards the private sector, the CMA clearly wants to understand whether they are receiving a fair service in a competitive trading environment.

“It will likely want to understand whether consumers are able to make educated decisions about choosing dentists and receive sufficient information on pricing, as well as whether providers are deploying anti-competitive practices or misleading patients regarding the level of treatment they require.  

“This intervention reflects how the government views dentistry as a priority within its focus on improving healthcare. It has made a number of pledges around dentistry, including providing 700,000 extra urgent appointments annually and investing £100m in encouraging dentists to take on NHS work.

“This review has echoes of the CMA’s investigation into fertility clinics, whereby escalating costs and limited NHS capacity had a knock-on effect on independent providers. It eventually found that numerous clinics had violated consumer law by failing to provide transparent pricing, particularly regarding hidden costs and unproven ‘add-on’ treatments. 

“Clinics were compelled to update their terms and conditions, while there has also been a concerted effort to improve price comparison tools and equip the regulator with stronger powers for enforcing compliance.

“It’s therefore important that dental practices – whether high street businesses or large independent healthcare providers that deliver dental services – engage with this initial fact-finding exercise and are transparent in order to get ahead of any potential formal investigation that could be coming down the track.”

Browne Jacobson’s health and life sciences team has supported clients in responding to past CMA consultations concerning aspects of the independent health and care market.