Competition Markets Authority
Timetable
| Date | Action |
|---|---|
| January 2023 | Stakeholders invited to respond to questionnare |
| December 2022 | Open letter to overseas fertility clinics published |
| September 2022 | Compliance review findings published |
| December 2021 | Compliance review begins |
| June 2021 | Consumer Law guidance published. Guide for patients on their consumer rights published |
| January 2021 | Draft consumer law guidance consultation closes |
| November 2020 | Draft consumer law guidance issued for consultation |
| 7 February 2020 | Case opened |
Update - December 2022
Open letter to overseas fertility clinics
The CMA has published an open letter to overseas based fertility clinics that advertise their services to UK consumers to make them aware of their obligations under UK consumer law.
- (20.12.22)
Questionnaire on developing a consistent approach to what clinics include in the headline price they advertise for a cycle of IVF
The CMAs review of consumer law compliance in the fertility sector identified significant differences in the treatment and services that clinics include in the package price they advertise for a cycle of IVF. The CMA is concerned that this can make it difficult for prospective patients to easily and meaningfully compare clinics prices at the point they are researching and shortlisting clinics.
The CMA is of the view that developing a consistent approach to what clinics include in the headline price they advertise for a cycle of treatment would be valuable for patients. To consider the feasibility of this, the CMA is inviting stakeholders to share their views by completing a short questionnaire. If you would like a copy of the questionnaire, please contact: ivfconsumerlawcompliance@cma.gov.uk.
The deadline for submitting completed questionnaires to the CMA is 10 January 2023.
We expect to provide an update on our next steps in February 2023.
Compliance review findings
23 September 2022: The CMA has published a Report setting out the findings from our compliance review, and an open letter to the sector setting out the action we expect them to take in light of our findings.
As part of the review, we wrote to certain clinics setting out the specific compliance issues we had identified with them. All clinics we contacted have subsequently made changes to address compliance concerns we highlighted to them. Examples of the positive changes made can be found in the Report. We welcome the constructive approach generally adopted by clinics.
In addition to the Findings Report, we have also published a report setting out the findings from the latest patient research we commissioned which looks at how self-funding IVF patients choose between clinics and treatment options.
- (23.9.22)
- (23.9.22)
- (23.9.22)
- Press release: Fertility clinics compliance with consumer law: findings published (23.9.22)
Compliance review commences
7 April 2022: The CMAs questionnaire for the fertility sector is now closed. We would like to thank respondents for sharing their views.
The CMAs compliance review is ongoing. We expect to publish a summary of our findings from the compliance review in Summer 2022.
10 March 2022: As part of its compliance review, the CMA has published a questionnaire for the fertility sector inviting views on awareness and understanding of its consumer law guidance for fertility clinics.
The CMA is interested in hearing from clinicians, embryologists, nurses, and others in the sector.
The questionnaire is open until 6 April 2022.
1 December 2021: Following publication in June of guidance for fertility clinics on their consumer law obligations, the CMA has commenced a review to assess compliance with the law across the sector.
Final guidance published
10 June 2021: The CMA has published its final guidance for fertility clinics to help them understand and comply with their existing obligations under consumer law. The CMA has also published a guide and a short video for fertility patients to help them understand their consumer law rights when purchasing fertility treatment.
Jointly with the sector regulator, the Human Fertilisation and Embryology Authority, and the Advertising Standards Agency, the CMA has written to fertility clinics drawing their attention to the guidance. The letter sets out our expectations that clinics review, and if necessary, amend their practices and terms to ensure that they comply with consumer law. Other businesses in the fertility sector should also read this guidance so they too can consider what they need to do to ensure they comply consumer law.
- Consumer law guidance for fertility clinics
- Guide for patients on their consumer rights when buying fertility treatment
- Video
- (10.6.21)
- Press notice: CMA issues IVF guidance on consumer rights (10.6.21)
- Consultation response
In December 2021 the CMA will begin a review of the sectors compliance with consumer law. Should we find evidence of non-compliance we will consider whether further action such as enforcement is necessary.
Update on CMA guidance on consumer law for IVF clinics in the UK
Consultation extension
5 January 2021: The CMA is consulting on draft consumer law guidance for fertility clinics. In light of feedback from stakeholders at the roundtable events held in December 2020, the impact from the Coronavirus (COVID-19) pandemic and requests for extensions, the CMA is extending the deadline for response to the consultation to the end of January 2021.
The CMA invites interested parties to respond to the questions posed in the consultation document by no later than 5pm on Friday 29 January 2021.
The CMA plans to publish the final version of its consumer law guidance later in the Spring of 2021.
The follow-up compliance review across the fertility sector will take place approximately six months after publication of the final guidance.
Draft consumer law guidance and consultation
3 November 2020: The CMA has issued, for consultation, draft consumer law guidance for fertility clinics. The purpose of the guidance is to help providers of fertility treatment to patients in the UK understand and comply with their existing obligations under consumer law.
In addition to the draft guidance and consultation document, the CMA is publishing the outcome of research it commissioned on the experiences of patients who have paid for fertility treatment