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10. (1) When commissioning health care services for the purposes of the NHS, a relevant body must not engage in anti-competitive behaviour(1) which is against the interests of people who use health care services for the purposes of the NHS.
(2) An arrangement for the provision of health care services for the purposes of the NHS must not include any restrictions on competition that are not necessary for the attainment of intended outcomes which are beneficial for people who use such services.
(3) Paragraphs (1) and (2) do not apply to behaviour of a relevant body, or a restriction on competition, to the extent to which engagement in such behaviour or such a restriction is necessary to comply with a requirement—
(a)imposed by or under any enactment, or
(b)imposed by or under the EU Treaties or the EEA agreement and having legal effect in the United Kingdom without further enactment.
“Anti-competitive behaviour” is defined for the purposes of Part 3 of the 2012 Act in section 64(2) of that Act.
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