Consultation on proposed commitments in respect of ESS’ move to 3 year contracts

This consultation ran from

10am on 17 November 2022 to 5pm on 8 December 2022

The Competition and Markets Authority (CMA) invites views on the commitments offered by ESS to address the CMA’s competition concerns in the context of an investigation under the Competition Act 1998. The CMA investigation relates to ESS effectively moving customers for school management information system (MIS) software in England and Wales from 1 year contracts to 3 year contracts without giving them adequate opportunity to avoid the change.

ESS’ proposed commitments would enable certain schools – broadly those schools who had considered switching providers but had been given insufficient time to do so – to apply to an independent adjudicator for a new break clause to allow them to exit their current 3 year contract with ESS and choose alternative providers.

Any person wishing to comment on the proposed commitments should submit written representations to Louise Banér and Clementine Messent at 51140-consultation@cma.gov.uk by 5pm on 8 December 2022. Please quote the case reference 51140 in all correspondence related to this matter.

The CMA welcomes comments on the proposed commitments, including on:

• the eligibility criteria for the new break clause (for example, the test to be applied by the adjudicator)

• any matters that may affect effective implementation of the proposed commitments (for example, the template application form)

More information can be found on the investigation into conduct of Education Software Solutions Limited case page.