British Legal Awards Legal Department of the Year (Commerce and Industry): HCA Healthcare UK
In-house team takes award for work on successful resolution of CMA investigation
December 15, 2016 at 03:56 AM
2 minute read
(L-R): Awards host David Mitchell; HCA Healthcare UK's George Petrounakos, James Press, Judith Farrow and Rita Sarkar
Finalists: Costain Group, Deloitte, JTI UK, Tideway, William Hill, WSH (highly commended)
HCA Healthcare UK's legal team took the award in this category for its work on the successful resolution of a Competition and Markets Authority (CMA) investigation. The landmark decision set a precedent as the first time a company had successfully challenged a divestment remedy.
The team's work came in response to a CMA investigation into the private healthcare market, which saw HCA instructed to sell a third of its hospital facilities in central London.
The legal team successfully appealed the findings, requiring the CMA to reconsider its analysis. The team then had to prepare written and oral submissions concerning the functioning of competition in the market.
In March this year, the CMA confirmed it would not seek any remedies or changes to HCA's business. The Competition Appeal Tribunal found that none of the remedies ordered by the CMA were proportionate or effective.
The legal team, which is led by Jasy Loyal, executive director/VP of legal services, has just six lawyers, an assistant company secretary, a paralegal and two administrative assistants.
The judges said: "A small team, faced with a massive and unique challenge, was required to stake a lot of money in order to obtain a huge and unprecedented win for the business – an incredible effort. "
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