As the outcome of the investigation is likely both concerning and confusing for SIMS customers, Bromcom felt it would be useful to provide schools with guidance for those that wish to switch from SIMS, a summary of the investigation, and a clear explanation of what the outcome means for them.
Guidance for schools switching from SIMS
Bromcom provides a range of routes for switching. If ESS does take legal action against schools, Bromcom is offering them indemnification against legal costs (email legal@bromcom.com for more information).
If you have any questions about switching to Bromcom from SIMS, get in touch with the Bromcom team.
A summary of the investigation
On the 14th May 2024, the CMA opened an investigation into ESS following complaints it received in February regarding ESS’ objections to other MIS providers about database backups being used to migrate data to a new MIS. Starting in December 2023, ESS repeatedly claimed SIMS database backups contained the company’s intellectual property and that using them infringed on its intellectual property rights.
This claim may have come as a surprise to many schools and MIS providers, namely because using database backups has been a commonplace data migration method since 2008. ESS has previously admitted on its website that the SIMS database is accessed for data migration although it has never supported this data migration method. ESS even granted Bromcom access and rights to SIMS SQL backups in 2003, something no other MIS provider has ever been given. And in 2022, during another CMA investigation into ESS, the MIS provider shared Bromcom’s data migration process which included the use of a SIMS database backup to the CMA as an example of a quick, efficient migration process.
On the 29th August, following three months of gathering evidence and investigating ESS, the CMA closed the investigation, stating that given recent developments in the market, intervention was no longer needed. CMA’s view was primarily based on the fact that schools have continued to switch from ESS to new MIS providers despite the threats made by ESS, and that ESS is no longer considered a dominant supplier. As a result, CMA decided that further investigation would have a “limited market impact” and therefore the investigation was “no longer an administrative priority”.
Whilst some work arounds are possible, the scope of data extracted using ESS’ Report Writer and APIs will be more limited than the traditional SQL to SQL approach. We will, however, continue to explore ways to maximise the data that can be extracted using these imperfect tools. We will inform customers if new routes do become available.
It is worth noting, however, that closing the investigation “does not constitute a decision by the CMA as to whether…the Competition Act…has been infringed”.
What does the outcome mean for MIS providers and schools?
Since the closure of the investigation, ESS has doubled down on its claim that migrating with a database backup infringes on its intellectual property rights, as well as threatening schools with legal action should they migrate using this method. Education establishments should feel confident switching and should continue to switch if they so wish.