Back to the future? Lessons on the pro-competitive regulation of health services

Stirton, Lindsay (2014) Back to the future? Lessons on the pro-competitive regulation of health services. Medical Law Review, 22 (2). pp. 180-199. ISSN 0967-0742

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Abstract

The enactment of the Health and Social Care Act 2012 can be seen as a ‘paradigm-oriented’ policy transfer of the model of utilities regulation in the UK. This article draws on the literature on infrastructure regulation in order to analyse this transfer. Taking a long view on attempts to introduce competition into health services in England, it points to a number of challenges of liberalisation, corresponding to those arising in infrastructure sectors. Using a framework drawn from utilities, it analyses these under the headings of: (a) market structure; (b) allocation of regulatory authority; and (c) decision-making style. It suggests that the lens of utilities regulation is a useful one for analysing the NHS reforms, and clearly shows the difficulty in establishing workable competition in the sector.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence
K Law > KD Law of the United Kingdom and Ireland > KD0051 England and Wales
Depositing User: Lindsay Stirton
Date Deposited: 07 Mar 2016 08:13
Last Modified: 08 Mar 2017 05:10
URI: http://sro.sussex.ac.uk/id/eprint/59851

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