Investigation into conduct of Education Software Solutions Limited (51427)

The CMA is investigating whether ESS might be abusing a dominant position in the supply of management information systems (MIS) software by making it difficult for schools to switch provider.

Case timetable

Date Action
May 2024 to July 2024 Initial investigation: information gathering, including issue of formal or informal information requests to ESS, competitors and customers. CMA analysis and review of information gathered
14 May 2024 Investigation opened

Case launch

14 May 2024: The Competition and Markets Authority (CMA) launched an investigation under Chapter II of the Competition Act 1998 into suspected breaches of competition law by Education Software Solutions Limited (ESS).

The CMA is investigating whether ESS might be abusing a dominant position in the supply of management information systems (MIS) software by objecting to the use of back-ups of its MIS database (or the application of programmes to such back-ups) for the purposes of schools switching MIS supplier.

Notes

  • the investigation is under Chapter II of the Competition Act 1998
  • the CMA has not reached a view as to whether there is sufficient evidence of an infringement of competition law for it to issue a statement of objections to any of the parties under investigation. Not all cases result in the CMA issuing a statement of objections
  • the CMA will consider any representations it receives before any decision is taken as to whether competition law has in fact been infringed
  • further detail of the CMA’s procedures in Competition Act 1998 cases is available in CMA8
  • changes to the timings of original entries in the case timetable will be made where the estimated timing changes

Personal data

The CMA may collect, use and share personal data for its investigations, including investigations under the Competition Act 1998. This includes processing personal data for the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018. You can find more information about how the CMA handles personal information in the CMA’s Personal Information Charter.

Contacts

Published 14 May 2024