The European Commission has formally accepted and made legally binding a package of commitments from SAP aimed at resolving antitrust concerns over the company’s maintenance and support policies for its on-premises enterprise resource planning (ERP) software, ending an investigation without finding that the company violated EU competition law.
The commitments, which will remain in force worldwide for 10 years, are intended to give customers greater flexibility to select third-party maintenance providers, discontinue support for unused software licenses, and avoid contractual practices that regulators said could limit competition in the aftermarket for SAP ERP support services.
According to Insight EU Monitoring, which first reported on the Commission’s decision, the legally binding measures conclude the Commission’s Article 9 commitments procedure after regulators determined the revised package adequately addressed their competition concerns.
The case centered on SAP’s market position in maintenance and support services for its on-premises ERP software. The Commission opened a formal investigation in September 2025 after reaching the preliminary view that SAP held a dominant position in that aftermarket and may have imposed contractual terms that restricted customer choice and disadvantaged independent support providers.
Commitments designed to increase competition
Under the binding commitments, SAP will permit customers to divide their ERP environments into separate segments, allowing them to choose different maintenance providers or support levels for different portions of their software landscape. The company also agreed to broaden access to alternative licensing models, enabling customers to discontinue maintenance on unused software licenses, commonly referred to as “shelfware.”
SAP further committed to clarifying contract provisions governing initial license terms so that purchasing additional licenses will no longer restart periods during which customers cannot terminate maintenance agreements. The company will also eliminate reinstatement fees for returning customers and significantly reduce back-maintenance charges that previously applied when organizations resumed SAP support after leaving the service.
The European Commission said the commitments apply to current and future SAP customers globally and will be monitored by an independent trustee to ensure compliance. If SAP fails to honor the commitments, the Commission may impose financial penalties without first establishing an infringement of EU antitrust rules.
Competition concerns focused on aftermarket restrictions
The investigation focused not on SAP’s ERP software itself, but on the aftermarket for maintenance and support services used by organizations running on-premises ERP systems.
According to the Commission’s preliminary assessment, SAP’s practices may have limited customers’ ability to mix SAP and third-party support services, prevented termination of maintenance for unused licenses, extended contractual lock-in periods, and imposed fees that discouraged customers from switching providers or returning after using independent support firms. Regulators said those practices could amount to an abuse of a dominant position under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the European Economic Area Agreement.
The Commission’s market testing process, conducted after SAP proposed remedies in late 2025, resulted in revisions before the commitments were accepted in their final form. Reuters reported that feedback from third parties led SAP to strengthen elements of its proposal before regulators approved the package.
Company says measures improve customer flexibility
SAP said the commitments provide customers managing complex on-premises environments with greater clarity, choice and safeguards while maintaining that its business practices comply with competition rules. Reuters reported that the company characterized the outcome as providing increased flexibility for customers rather than reflecting any admission of wrongdoing.
Because the Commission accepted commitments under Article 9 of Regulation 1/2003, the decision does not determine whether SAP infringed EU antitrust law. Instead, it makes the company’s voluntary commitments legally enforceable for the duration of the agreement.
Broader regulatory scrutiny of technology markets
The SAP case forms part of the European Commission’s broader effort to examine competition in digital and enterprise technology markets, particularly where companies with strong market positions may be able to influence related or aftermarket services.
Recent EU enforcement has increasingly focused on ensuring customers can switch providers and that dominant firms do not use contractual terms or ecosystem restrictions to foreclose competition. The Commission has pursued similar commitment-based resolutions and antitrust enforcement actions in other technology sectors while also expanding oversight of digital platforms under the Digital Markets Act.
Source: EU Monitoring
