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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), unless to do so is in the interests of people who use health care services for the purposes of the NHS which may include—
(a)by the services being provided in an integrated way (including with other health care services, health-related services, or social care services); or
(b)by co-operation between the persons who provide the services in order to improve the quality of the services.
(2) An arrangement for the provision of health care services for the purposes of the NHS must not include any term or condition restricting competition which is not necessary for the attainment of—
(a)intended outcomes which are beneficial for people who use such services; or
(b)the objective referred to in regulation 2.
“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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