Three years ago, the Medical Specialist Group was accused of breaking competition law by the Guernsey Competition and Regulatory Authority.
It culminated in the MSG winning an appeal against a £1.5million fine levied against it by the Regulator.
You can read a breakdown of the story to date HERE.
The GCRA has since applied to appeal this decision via the Court of Appeal, and this has been rejected.
In a statement the GCRA said: “Following an application for leave to appeal filed by the GCRA on 5 April 2023, the Bailiff rejected each of the grounds of appeal raised by the GCRA in a judgment issued on 7 June. He also rejected the argument that it was in the public interest for the issue to be examined by the Court of Appeal.
“On 28 June the GCRA filed a renewed application for leave to appeal, this time to the Court of Appeal. In his judgment issued on 31 July, Lord Anderson of Ipswich KBE KC also rejected each of the GCRA’s grounds of appeal and refused the application.”
Jon Buckland is the MSG’s Chief Executive, he said the MSG’s motivation throughout the process has been to protect the emergency and elective healthcare that it provides.
“We sincerely hope that we will now be able to focus on our primary purpose of providing outstanding patient-centred services and improving the health of the community that we serve.”
Pictured: MSG Chief Executive, Jon Buckland.
Despite Mr Buckland’s response to the decision, it sounds like the ongoing back and forth isn’t going to end with the latest denied appeal.
Michael Byrne is the Chief Executive of the GCRA, he said the Regulator is now considering its options going forward, after providing the following statement:
“The GCRA has now been able to consider Lord Anderson KC’s judgment. It confirms the GCRA’s original Decision that MSG’s use of 5 year non-compete restrictions was an infringement of competition law, and could not be challenged by MSG, who in any event withdrew their appeal on this significant element of its decision.
“Lord Anderson’s judgment does however support the Bailiff’s decision that the GCRA should further consider its decision to strike down the MSG’s continued use of two-year non-compete restrictions for its partners, and its eighteen-month restrictions for associates.”
Pictured: GCRA Chief Executive, Michael Byrne.
“The Royal Court has helpfully indicated that it was not persuaded that MSG’s two-year restriction on its specialists could be justified. Competition Law is a novel law for Guernsey and the GCRA has sought clarity through the Court of Appeal process on aspects of its Decision, following the earlier decision by the Royal Court that it should look at parts of its decision again,” continued Mr Byrne.
“Now that we have the opinion of the eminent judge the GCRA will consider whether it has the clarity it sought on an element of its original decision where the Royal Court wants it to relook, or whether it should proceed to the Court of Appeal panel for a fuller hearing on this area.
“The GCRA will in any event consider its options going forward and engage with the MSG to try to reach an agreed outcome given the welcome clarity from the Court.”