Consultation outcome

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

From:
Competition and Markets Authority
Published
17 November 2022
Last updated
10 January 2023 — See all updates
This consultation has concluded

Detail of outcome

10 January 2023: Following the CMA’s assessment of the consultation responses, the CMA has accepted the Commitments offered by ESS in Case 51140.

Original consultation

Summary

The CMA is inviting representations from interested third parties on commitments offered by ESS in relation to the CMA’s investigation into ESS’ move to 3 year contracts.

This consultation ran from
to

Consultation description

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.

Documents

Notice of intention to accept binding commitments offered by ESS

PDF, 903 KB, 61 pages

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Published 17 November 2022
Last updated 10 January 2023 + show all updates

  1. Detail of outcome published.

  2. First published.