The Competition and Markets Authority (CMA) has launched a review into the UK’s £8bn private dentistry market against a backdrop of rising prices, increased private treatment due to NHS access pressures and concerns about transparency. While the spotlight is on private providers, the investigation may ultimately expose deeper structural issues within NHS dentistry. For private practices however, the direction of travel is clear: greater scrutiny and a potential tightening of regulation.
This creates both risk and opportunity for the sector. Providers who take proactive steps now will be better placed to demonstrate compliance, reduce exposure and build patient trust.
Where the CMA’s focus will land
The CMA is examining five core areas that go to the heart of day-to-day dental operations:
- The patient journey and access to information - including pricing, treatment explanations, financing options and support for vulnerable groups.
- Competition between providers - and whether it leads to fair outcomes for patients.
- Conduct within the market - including misleading advertising, hidden fees, anti-competitive behaviour and inappropriate sales practices.
- Regulatory and complaints frameworks - assessing whether current rules give patients the protection they need.
- Treatment prices and profitability - including how pricing models interact with capacity, corporate structures and financial incentives.
The CMA will report by 4 March 2027, but enforcement activity or interim findings could arise sooner.
What this means for dental practices: Key legal risks
Based on previous CMA interventions in other healthcare markets, practices should expect scrutiny in the following areas:
- Pricing transparency - whether fees are clearly disclosed upfront, consistently applied and easy for patients to understand.
- Marketing and patient information - including claims made online, use of before and after images, financing promotions and accuracy of treatment descriptions.
- Referral pathways and corporate structures - particularly where ownership models or vertical integration could affect patient choice.
- Record-keeping, consent processes and audit trails - as gaps in documentation can give rise to regulatory exposure.
- Staff training and governance - especially where administrative teams handle pricing, patient communication or sales conversations.
How providers can prepare now: Practical steps and a readiness checklist
Immediate actions
- Review all price lists, treatment menus and financing information for consistency across website, printed materials and practice management systems.
- Audit marketing content including social media, paid adverts and treatment descriptions to ensure claims are accurate and compliant.
- Check consent documentation for completeness and ensure staff follow a standardised process for discussing risks, alternatives and aftercare.
- Identify and record any corporate or referral arrangements that could be viewed as limiting patient choice.
Medium term actions (next 3-6 months)
- Implement or update compliance policies including competition law, advertising and information sharing protocols.
- Conduct internal governance audits including complaint handling, refund processes, escalation routes and clinical/non-clinical record-keeping.
- Regularly train staff on pricing conversations, consumer rights, advertising restrictions and responding to CMA information requests.
When to seek legal advice
Practices should consider engaging legal support when:
- Developing or reviewing pricing structures, membership plans or financing offers.
- Updating marketing strategies, particularly where claims relate to clinical outcomes, cosmetic treatments or comparative pricing.
- Entering into referral agreements, acquisition discussions or new ownership structures.
- Responding to any CMA request for information or investigation activity.
- Managing complaints that could escalate to regulators or lead to reputational risk.
How MFMac can help
Our healthcare and regulatory specialists support dental practices, dental groups and corporate dental operators with:
- Competition law advice including pricing strategy, referral routes and group structures.
- Review and drafting of compliant pricing frameworks, treatment menus and patient information.
- Advertising and marketing compliance (digital, in practice and third party platforms).
- Governance reviews including complaints processes, escalation pathways and documentation audits.
- Support with CMA engagement, regulatory responses and investigations.
- Advice on acquisitions, growth strategies and practice integration.
Conclusion
The CMA review signals increasing scrutiny of the private dentistry sector. Providers that take steps now to strengthen transparency, tighten governance and evidence compliance will be in a stronger position - both legally and commercially - if regulation evolves.
For dental practices, this is an opportunity to get ahead, demonstrate leadership in patient experience and reduce future regulatory risk.
If you have concerns about how the CMA review may affect your practice, our Healthcare and Life Sciences team are available to provide clear guidance and practical support. Contact us to find out more.
