The NHS Competition & Cooperation Panel will review Great Yarmouth & Waveney Primary Care Trust's decision to exclude independent and third sector firms from being primary contractors.
The PCT told non-NHS bidders that they would not be considered to deliver services following health secretary Andy Burnham’s “preferred provider” statement, where he appeared to renege on Labour’s commitment to competition.
NHS Partners Network and Acevo, the Association of Chief Executives of Voluntary Organisations, put in a joint complaint to the NHS's Co-operation and Competition Panel which the committee has accepted.
However, the competition panel has limited powers to enforce any decision. Nevertheless, Ralph Michell, head of policy at Acevo, said any favourable decision could have significant influence.
“It is effectively putting the secretary of state in the dock," he said. "There is the potential for a very significant outcome if the panel decides that this runs counter to Department of Health policy."