Health Mergers and Acquisitions (M&A)
We act for NHS and independent sector health and care organisations (private sector and not-for-profit) in relation to mergers and acquisitions. In particular we can:
- Advise on deal structure and financing
- Co-ordinate and deliver due diligence
- Advise on competition law and State Aid, and deal with competition clearance where required
- Draft and negotiate asset purchase or share purchase documentation as appropriate
- Advise on regulatory implications eg CQC issues
Case study: Horder Healthcare
Blake Morgan acted for Horder in the acquisition and in negotiating a means for Horder and Queen Victoria Hospital NHS Foundation Trust to collaborate for the benefit of patients in Sussex and beyond. Renowned for its specialisms in maxillofacial, plastic reconstruction surgery and ophthalmology, The McIndoe Surgical Centre in East Grinstead represents a strategically important addition to the Horder Healthcare portfolio. Blake Morgan was involved from the outset, assisting Horder Healthcare to secure its position through a competitive bidding process and drafting and negotiating the purchase agreement and a foundation for collaboration projects with the neighbouring Foundation Trust, Queen Victoria NHS FT.
Case study: Nuffield Orthopaedic Centre NHS Trust
We advised the trust on its merger with Oxford Radcliffe Hospitals NHS Trust to form Oxford University Hospitals NHS Foundation Trust
Case study: Dartford and Gravesham NHS Trust
We advised on this novel contractual joint venture established between an NHS Trust and a Social Enterprise Community Services Provider to bid for a multi CCG community Services contract in North Kent. We had to establish effective legal, commercial, workforce, and clinical and service governance arrangements to enable the joint bid to proceed. These arrangements had to accommodate both the requirements of both sovereign but also be robust enough to satisfy the procurement processes and review of the procuring commissioners.
This demonstrates how differing healthcare bodies (private and public) not just NHS organisations, can come together to form effective contracting structures, and has important implications for future integrated provider models especially involving NHS and non NHS bodies.