Dr Mary Guy

School of Law

Mary joined LJMU in January 2023 as Senior Lecturer in Public and EU Law, and since September 2023 has also been Secretary of the British Association for Comparative Law (BACL) as well as LJMU's representative. She leads the European and Comparative Public Law Research Unit within the Centre for the Study of Law in Theory and Practice (LTAP) and is Deputy Programme Leader for Academic LLMs. Since January 2023 she has been module leader for Law of the Single Market of the EU (Level 5), and in 2023/24 is also teaching on Foundations and Independent Legal Learning (Level 4), Constitutional Law (Level 4), and Advanced Legal Research Methods (Level 7).

Mary's research interests focus primarily on the interaction of EU and national law and policy in the healthcare context. Her first monograph was published by Intersentia in 2019, and she has published book chapters with Hart, Edward Elgar and OUP, as well as a range of articles in leading journals such as Public Law, Legal Studies, the European Journal of Risk Regulation, Health Economics, Policy and Law, and the Medical Law Review.

Mary was awarded a highly competitive British Academy/Leverhulme Trust Small Grant and has obtained further external funding from the University Association for Contemporary European Studies (UACES) for the establishment of the EU Health Governance research network, initially between 2021 and 2024, and now also to develop this until 2026 (https://euhealthgov.org/). She has also established a successful virtual seminar series, Health in Europe, which showcases a range of research across Europe and North America (https://www.youtube.com/@healthineurope2020).

Mary has presented her research at top universities and organisations such as LSE; the European University Institute Florence; Bristol; Edinburgh; Amsterdam and Maastricht; as well as the Nuffield Trust; the Dutch Authority for Consumers and Markets, and the Dutch Healthcare Authority. Her written evidence was accepted by the House of Commons Health and Social Care Committee's Inquiries into the 2019 NHS Long Term Plan and the White Paper preceding the Health and Care Act 2022.

Mary's research expertise has led to collaborations with academics and practitioners in the UK and abroad (particularly Brussels and the Netherlands). She welcomes strong proposals for doctoral and post-doctoral research in the broad areas of EU law, public law, health and welfare.

Prior to joining LJMU, Mary was Lecturer in Law at Lancaster University, where she was also Director of International Programmes and Student Exchange and Director of Admissions, and supervised PhD candidates as well as Masters and Undergraduate dissertations. She has also held visiting researcher posts at the Brussels School of International Studies, the University of Amsterdam and Maastricht University.

Languages

French
German
Dutch; Flemish

Degrees

2016, University of East Anglia, United Kingdom, PhD
2012, University of East Anglia, United Kingdom, LLM International Competition Law and Policy
2011, University of the West of England, United Kingdom, Legal Practice Course
2008, University of Law (Birmingham), United Kingdom, Graduate Diploma in Law
2001, University of East Anglia, United Kingdom, Interpreting and Translating with French and German Language

Academic appointments

LJMU Law School Representative, British Association for Comparative Law (BACL), LJMU, 2023 - present
External Examiner, Newcastle University, 2020 - present
Visiting Researcher, Brussels School of International Studies, 2020 - 2020
Visiting Researcher, Amsterdam Centre for European Law and Governance (ACELG), University of Amsterdam, 2020 - 2020
Visiting Researcher, Law Faculty, Maastricht University, 2020 - 2020
External Examiner, Northumbria University, 2017 - 2022
Lecturer in Law, Lancaster University, 2016 - 2023

Internet publication

Guy M. 2023. State Aid and healthcare: Some (re)starter questions after Casa Regina Apostolorum Publisher Url

Guy M. 2022. “Euro-ambivalence”, EU competition law, and national healthcare systems: How the UK parliament joined some of the dots with NHS reform Publisher Url

Guy M, McHale J. 2022. Why this, and why now? Tracking the development of the Health and Care Bill Publisher Url

Guy M. 2021. Removing competition from the English NHS: three starter questions Publisher Url

Guy M. 2019. NEW PUBLICATION: MARY GUY, COMPETITION POLICY IN HEALTHCARE – FRONTIERS IN INSURANCE-BASED AND TAXATION-FUNDED SYSTEMS, INTERSENTIA 2019 Publisher Url

Guy M. 2017. Sectoral Regulation in Dutch and English Healthcare – Challenges and Opportunities in Changing Times Publisher Url

Guy M. 2015. What could repeal of the Health and Social Care Act 2012 mean for the application of competition law and the English NHS? Publisher Url

Chapters

Guy M. 2023. COVID-19: An Accelerating Force for EU Activity in Health? Seeleib-Kaiser M, Boerner S. European Social Policy and the COVID-19 Pandemic: Challenges to National Welfare and EU Policy :246-cp10125 Oxford University Press. New York 9780197676219 DOI Publisher Url Public Url

Guy M. 2022. Competition Law, Inequalities and Healthcare: Insights from EU and National Frameworks Broulik J, Cseres K. Competition Law and Economic Inequality :261-280 Bloomsbury Publishing 9781509959235 Publisher Url Public Url

Guy M, Boertjens J. 2019. A legal perspective on tax-based versus insurance-based healthcare systems: comparing England and the Netherlands Sauter W, Mikkers M, Boertjens J, van Manen J. The Law and Policy of Healthcare Financing – A comparative approach to best practices :62-81 Edward Elgar Publisher Url

Guy M, Sauter W. 2017. The History and Scope of EU Health Law and Policy Hervey T, Young C, Bishop L. Research Handbook on European Union Health and Policy :17-35 Edward Elgar Publisher Url

Guy M. State Aid and Healthcare: between competition and constitutionalism Ghazaryan N, van de Gronden J, Tans S, Veenbrink M. Services of General (Economic) Interest: State of Play and Current Challenges TMC Asser Press. The Hague Author Url

Editorial/letter to the editor

Guy M. 2023. “Solidarity rules? State aid and public hospitals: Case C-492/21 P Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v Commission EU Law Live, Publisher Url

Guy M. 2021. European Health Union: One Year On EU Law Live, Publisher Url

Guy M. 2021. Comprehensive Sickness Insurance – some clarity from A (Soins de santé publics)? EU Law Live, Publisher Url

Brooks E, Guy M. 2020. EU health law and policy: shaping a future research agenda Health Economics, Policy and Law, 16 :1-7 DOI Author Url Publisher Url

Guy M. 2019. Letter to the Editor of the London Review of Books (Dec 2019) in response to "The NHS Dismantled" by John Furse (Nov 2019) London Review of Books,

Journal article

Guy M. 2023. (How) is COVID-19 reframing the interaction between the NHS and private healthcare? Medical Law International, DOI Publisher Url Public Url

Guy M. 2023. Dealing with “unworkable ideas in primary legislation”: Juridifying and dejuridifying competition in the English National Health Service Public Law, :57-80 Publisher Url Public Url

Guy M, Kuiper E. 2022. FORGING A EUROPEAN HEALTH UNION: BETWEEN SUBSIDIARITY AND SOVEREIGNTY? Eurohealth, Journal of the European Observatory on Health Systems and Policies, 28 :50-52 Publisher Url Public Url

Guy M. 2020. Towards a European Health Union: What Role for Member States? European Journal of Risk Regulation, 11 :757-765 DOI Publisher Url

Van De Gronden JW, Guy M. 2020. The role of EU competition law in health care and the 'undertaking' concept Health Economics, Policy and Law, 16 :76-89 DOI Author Url Publisher Url

Guy M. 2019. Between 'going private' and 'NHS privatisation': Patient choice, competition reforms and the relationship between the NHS and private healthcare in England Legal Studies, 39 :479-498 DOI Publisher Url

Den Exter AP, Guy MJ. 2014. Market competition in health care markets in the Netherlands: Some lessons for England? Medical Law Review, 22 :255-273 DOI Author Url Publisher Url

Guy M. Solidarity as a political determinant of health: insights from EU Competition Policy Journal of Health Politics, Policy and Law, Public Url

Guy M, Odudu O. Understanding “NHS privatisation”: from competition to integration and beyond in the English NHS Northern Ireland Legal Quarterly, Public Url

Guy M. Rethinking competition in healthcare: reflections from a small island Competition Policy International, 2 Publisher Url

Guy M. Competition and sectoral regulation in Dutch and English healthcare: factors shaping the competition focus of the new healthcare regulators and their relationship with the competition authorities Ius Publicum,

Book review

Guy M. 2022. David Orentlicher and Tamara K.Hervey (eds), The Oxford Handbook of Comparative Health Law Medical Law Review, 30 :762-767 DOI Publisher Url Public Url

Guy M. 2018. Jeroen Chorus, Ewoud Hondius and Wim Voermans (eds), Introduction to Dutch Law Edinburgh Law Review, 22 :179-180 DOI Publisher Url

Guy M. 2017. Eleanor D. Kinney, The Affordable Care Act and Medicare in Comparative Context Medical Law Review, 25 :684-691 DOI Publisher Url

Guy M. 2015. EU Competition and Internal Market Law in the Health care Sector, by Leigh Hancher &Wolf Sauter. (Oxford University Press, 2012 World Competition: Law and Economics Review, 1

Other

Guy M. 2020. Can Covid-19 change the EU competition law framework in health? Observatoire Social Europeen Opinion Paper Series, 25 :1-11 Publisher Url Public Url

Guy M, Brooks E. 2018. EU Health Law and Policy - Shaping a Future Research Agenda (Position Paper from BA SRG project) Publisher Url

Guy M. Written Evidence submitted to the Health and Social Care Committee of the Senedd regarding the Health Service Procurement (Wales) Bill Publisher Url

Guy M. Written evidence submitted to the UK Parliament Health and Social Care Committee regarding the NHS Long Term Plan Legislative Proposals in 2019 Publisher Url

Guy M. Written evidence submitted to the UK Parliament Health and Social Care Committee following the publication of the 2021 White Paper preceding the Health and Care Act 2022 Publisher Url

Books (authored)

Guy M. 2019. Competition Policy in Healthcare - Frontiers in Insurance-Based and Taxation-Funded Systems Intersentia. Cambridge 9781780686493 Publisher Url

External collaboration:

https://euhealthgov.org/, EU Health Governance University Association for Contemporary European Studies (UACES) Research Network, Dr Charlotte Godziewski (City). 2024

https://euhealthgov.org/, EU Health Governance University Association for Contemporary European Studies (UACES) Research Network, Dr Eleanor Brooks (Edinburgh) Dr Charlotte Godziewski (City). 2021

BA SRG Project: EU Health Policy and Law - Shaping a Future Research Agenda, Dr Eleanor Brooks (Edinburgh). 2018

Research Grants Awarded:

University Association for Contemporary European Studies (UACES), EU Health Governance Research Network (EUHealthGov), Dr Charlotte Godziewski (City), Grant value (£): 2500, Duration of research project: 3 years (1 Jan 2024 - 31 Dec 2026). 2023

LJMU QR PSF, How is NHS-private healthcare interaction changing in light of COVID-19?, Grant value (£): 10,000. 2023

University Association for Contemporary European Studies (UACES), EU Health Governance, Dr Eleanor Brooks (Edinburgh); Dr Charlotte Godziewski (City), Grant value (£): £6000, Duration of research project: 3 years. 2021

British Academy / Leverhulme Trust Small Research Grant, EU Health Policy and Law - Shaping a Future Research Agenda, Dr Eleanor Brooks (Edinburgh), Grant value (£): £9800, Duration of research project: 2 years. 2018

Other invited event:

Understanding “NHS privatisation”: from competition to integration and beyond in the English NHS, University of Portsmouth Law School, References to “NHS privatisation” can be found in UK parliamentary debates since the early 1980s, but it remains not well understood as a concept, and can certainly be distinguished from the standard definition of “privatisation” meaning taking into private ownership. Nevertheless, it is possible to say that the characteristics of “NHS privatisation” include clear links with the evolving interaction between the NHS and private healthcare, a relationship which can be traced back to the inception of the NHS in 1948. By juxtaposing primarily the debates of the Health and Social Care Act 2012 (HSCA 2012) and the Health and Care Act 2022 (HCA 2022), it becomes possible to gain at least two insights into what “NHS privatisation” means. Firstly, it enables us to understand whether, and if so, how, “NHS privatisation” may be changing with the reversal of the controversial HSCA 2012 competition reforms by the shift to integration now enshrined by the HCA 2022. Secondly, we gain a greater understanding of how “NHS privatisation” has developed as a criticism capable of being invoked by diverse political parties and thus able to shape the development and implementation of NHS reforms. A further consideration is how “NHS privatisation” may operate to inhibit more radical NHS form in opposing directions by reference to the NHS Bill and the NHS (Co-funding and Co-payment) Bill.. 2023

"Competition Law and Economic Inequality" book launch, University of Amsterdam, After a short introduction by the editors, Martijn Snoep (Chairman of the Netherlands Authority for Consumers and Markets, ACM) and Damien Gerard (Prosecutor general, Belgian Competition Authority / Visiting Professor, UCLouvain and College of Europe) will comment upon the different sections of the book. This will be followed by comments from one of the contributors to the book, Dr Mary Guy (Liverpool John Moores).. 2023

Services of General (Economic) Interest: State of Play and Current Challenges, Radboud University Nijmegen, The Netherlands, The 6th Radboud Economic Law Conference aims to provide a forum where scholars, law enforcers, judges, students, practitioners and legal experts can debate these important issues. This one-day conference will feature keynote speeches by: Anna Gerbrandy, Professor of Competition law, Utrecht University Mary Guy, Lecturer in law, Lancaster University Esther van Zimmeren, Associate Professor of IP law and governance and member of the Jean Monet Center of Excellence ACTORE, University of Antwerp https://www.ru.nl/law/research/radboud-economic-law-conference/services-general-economic-interest-state-play/. 2022

Public health in the EU: 30 years since the Maastricht Treaty, Brussels, This in-person conference, organised by the European Policy Centre as part of the Coalition for Health, Ethics and Society (CHES), and Maastricht University, will reflect on public health and health policy in the EU over the last three decades, taking stock of the developments and changes since 1992. The event will look at the state of health in Europe today while also discussing the future of health in the EU. Three panel discussions will take place, namely: 1. Panel 1 - 30 years since Maastricht: The evolution of public health in the EU 2. Panel 2 - Health and the EU today 3. Panel 3 - The future of health in the EU https://www.epc.eu/en/events/Public-health-in-the-EU-30-years~48c100. 2022

Towards a European Health Union - What Role for Member States?, Faculti.Net - Online, https://faculti.net/towards-a-european-health-union-what-role-for-member-states/. 2021

Towards a European Health Union: what role for Member States?, Online - Faculti.Net, Discussion of article with same title in European Journal of Risk Regulation (2020) https://faculti.net/towards-a-european-health-union-what-role-for-member-states/. 2021

COVID-19: an accelerating force for EU activity in health?, Global Politics, Economy and Society Seminar Series, Oxford Brooks University, Early discussion of chapter published with OUP 2023 https://global.oup.com/academic/product/european-social-policy-and-the-covid-19-pandemic-9780197676189. 2021

The Law and Practice of EU Diplomacy in Regional and Global Organisations - Panel 6: Health, Online - University of Geneva, EUDIPLO Jean Monnet Doctoral Workshop https://www.meig.ch/wp-content/uploads/2021/11/eudiplo-phd-workshop-19-nov-2021-draft-programme-2021-11-11.pdf. 2021

After Brexit: Health and International Relations Monitor, Online, Virtual roundtable hosted by City University and the Nuffield Trust, London.. 2021

Developing a career in bioethics and health law, Online - University of Edinburgh, https://www.law.ed.ac.uk/news-events/news/j-kenyon-mason-institute-host-early-career-researcher-event. 2021

Healthcare procurement and commissioning during Covid-19, Online, https://legalresearch.blogs.bris.ac.uk/2020/10/healthcare-procurement-and-commissioning-during-covid-19-reflections-and-early-lessons-some-thoughts-after-a-very-interesting-webinar/. 2020

Removing competition law from the English NHS – what can it mean?, Mason Institute, University of Edinburgh, 2019 was bookended by proposals to review the competition provisions of the Health and Social Care Act 2012 (HSCA 2012), from NHS England’s NHS Long Term Plan in January to the Queen’s Speech following the December general election. These provisions include Competition and Markets Authority (CMA) oversight of the English NHS, establishment of NHS Improvement as sectoral regulator, applying general competition law and merger control, and enshrining an “NHS-specific” competition regime. These proposals appear understood as “removing competition law” from the NHS – a popular move both across the political spectrum and within and beyond the medical profession in view of the controversies surrounding the HSCA 2012. However, “removing competition law” can have different meanings, with divergent consequences. At least three broad approaches can be identified, ranging from classifying the NHS as a Service of General Economic Interest (SGEI), thus partially exempt from competition law (the National Health Service (Amended Duties and Powers) Bill), to two extremes of reinstating Secretary of State oversight and completely exempting the NHS from competition law (the National Health Service Bill) and the current proposals to remove CMA oversight and NHS Improvement competition powers (the NHS Long Term Plan). This paper considers how these three approaches differ, and how the current approach appears capable of easy misunderstanding. Whereas the first two attempts to “remove competition law” from the NHS sought to address the underlying HSCA 2012 framework, thus remove, or reconfigure market structures, the current approach may merely remove CMA oversight and the “NHS-specific” competition regime. This has raised concerns about “deregulation”, or paving the way for an unregulated market to operate at a time when private sector delivery may be expanding: in other words, it is not considered to “de-marketise” the NHS, which might be considered the aim of those opposed to “NHS privatisation”.. 2020

The changing roles of competition in Dutch and English healthcare, University of Groningen, Despite notable differences between the Dutch and English healthcare systems, both have experimented with competition reforms to varying degrees – inter alia by developing a healthcare sectoral regulator (the NZa/NHS Improvement), refocusing the role of the competition authority (ACM/CMA) and by developing “healthcare-specific” rules to supplement general competition law and merger control. These reforms were enshrined by the Healthcare Market Regulation Act 2006 (Wmg) and the Health and Social Care Act 2012, respectively. A further similarity can be seen in recent attempts to review and reform this legislation. Commitment to the underlying principle of solidarity in both healthcare systems can explain some of the difficulties in implementing some of the competition reforms, as well as ongoing criticism and opposition. This paper considers whether lessons between the two countries exist with regard to reform, as well as in the design of the competition reforms. Lecture is organized by Professor Brigit Toebes, Faculty of Law, UG.. 2020

EU Health Law and Policy, Centre for European Research in Maastricht, Researchers of the Research Line VHC were involved in the seminar "EU Health Law and Policy: Shaping a Future Research Agenda" that was hosted at UM's "Centre for European Research in Maastricht (CERiM)" at September 25 2018.. 2018

Other Professional Activity:

Appointed Secretary of the British Association for Comparative Law (BACL). 2023

Analyst, EU Law Live. 2020

Conference organisation:

Health in Europe - virtual seminar series, Founder / Moderator, https://www.youtube.com/@healthineurope2020. 2020

Teaching qualification:

Postgraduate Certificate in Academic Practice. 2020

Membership of professional bodies:

Member, University Association for Contemporary European Studies (UACES), https://www.uaces.org/. 2019

Member, Society of Legal Scholars (SLS), https://www.legalscholars.ac.uk/. 2014

Member, European Association of Health Law (EAHL), https://eahl.eu/. 2014

Member, Chartered Institute of Linguists (CIOL), https://www.ciol.org.uk/. 2007

Editorial boards:

Legal Issues of Services of General Interest Series, TMC Asser Press, https://www.asser.nl/asserpress/books/?cat=8&subject=&serie=12. 2018

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