The CMA is watching private dentistry: Indemnifiers and insurers should too

In March 2026 the Competition and Markets Authority (CMA) quietly opened a market study into private dentistry and for dental defence organisations and insurers – it may deserve a closer look.

What is the market study?

The CMA has launched a market study into the supply of private dental services (including preventative, clinically necessary, and cosmetic treatments) across the UK. It is seeking views from dental professionals and interestingly it is also asking consumers directly to share their experiences of private dental services. 

The CMA want to know:

• How private dentistry works.
• How well it works for consumers.
• Whether it could work better.

Dental professionals are being asked specifically about the services they provide, individual challenges they are facing, sector-wide challenges, and their views on how consumers make choices about treatments. The call for evidence closes at 5pm on 19 March 2026. 

Key areas of potential concern for defence organisations and insurers

Consent may come under scrutiny

The CMA's explicit focus on how consumers make treatment decisions is a potential red flag for dental defence organisations and insurers. We already see a large number of dental claims based on alleged inadequate informed consent – rather than poor clinical technique. If the CMA finds that information asymmetry is widespread across private practice this may open dental practitioners up to criticism.

In our view this should serve as a reminder to dental professionals to ensure that their contemporaneous notes are comprehensive. 

Cosmetic dentistry is being considered

Cosmetic and elective treatments (veneers, composite bonding, clear aligners, whitening) are explicitly within the study's scope. This is precisely the area where patient expectations can often run highest and disappointment can readily translate into complaints and claims, including a high number of claims from litigants in person.

Defence organisations and insurers with members/insureds who are increasingly reliant on cosmetic income should be thinking hard about whether their risk management guidance in this space is fit for purpose.

A move towards the private model

The unavailability of NHS dentistry has driven patients and practitioners into the private market in large numbers. Where volume is high and commercial pressures are real, record-keeping can slip and consent processes may be under time pressure.

The CMA's investigation into sector-wide challenges is likely to surface dynamics that defence organisations and insurers may already recognise from their own claims data.

Regulatory reform may be coming

This market study may be the first step towards additional regulation. If the CMA makes recommendations around new transparency obligations, restrictions on how treatment options are presented, or enhanced disclosure requirements, the reasonable standard for dental professionals may shift. 

What defence organisations and insurers should do now

1. Engage with the CMA's call for evidence: This is an opportunity to shape the investigation's framing, not just respond to its conclusions. The deadline to share experiences with the CMA is 19 March 2026. 
2. Issue proactive guidance on consent: Given the CMA's focus on consumer decision-making, now is the moment to reinforce best practice around consent documentation, particularly for cosmetic and elective treatments.
3. Review member-facing or insured-facing risk guidance for cosmetic dentistry: If your current guidance does not specifically address the consent, record-keeping, and patient communication challenges unique to cosmetic work, it may need updating.
4. Track the consumer call for evidence: Consumer submissions are likely to reveal what patients think is going wrong in private dentistry. If that data becomes available in the public domain, it may give an insight into likely themes of future complaints/claims and preventative action can be taken to improve best practice.

If your organisation needs support navigating the CMA's call for evidence, reviewing your risk management guidance for cosmetic dentistry, or assessing your exposure as the regulatory landscape shifts, contact Bethan Parry (Partner) or Lucy Bowdery (Senior Associate) in our Health Litigation Team,  specialists in acting for health indemnifiers and insurers who can provide targeted, practical advice at each stage of this process.