Antitrust Law Daily Wrap Up, ANTITRUST NEWS: EC accepts SAP commitments in ERP software support antitrust case, (Jul 9, 2026)

By Patricia K. Ruiz, J.D.

Binding commitments resolve European Commission concerns over maintenance and support practices for SAP's on-premises ERP software.

The European Commission has accepted binding commitments from Systems Applications & Products in Data Processing (SAP) to address competition concerns relating to aftermarket maintenance and support services for the company's on-premises Enterprise Resource Planning (ERP) software, concluding an antitrust investigation opened in September 2025. The commitments are now legally binding under EU antitrust rules.

Background. SAP develops business management software used for functions including finance, human resources and project management, and provides maintenance and support services for those products. The Commission noted that third-party providers also compete to provide support services for SAP's on-premises ERP software, often under different commercial terms.

According to the Commission's preliminary assessment, SAP may have restricted competition through four practices in a market where the Commission provisionally considered SAP to hold a dominant position. Those concerns included requirements that customers obtain support services from SAP for all of their on-premises ERP software and under the same pricing conditions, restrictions on terminating support services for unused software licenses, extensions of license terms during which support could not be terminated, and the charging of reinstatement and back-maintenance fees to customers returning to SAP support after a period of absence.

Commitments. To address those concerns, SAP offered a package of commitments (see Antitrust Law Daily, Nov 14, 2025). The company agreed to clarify conditions under which customers can split SAP systems into separate parts, allowing them to choose different support suppliers, different levels of SAP support or no SAP support for particular portions of their software environment. SAP also agreed to provide broader access to single-metric contracts, permit customers to place unused licenses, or "shelfware," into separate parts of their systems and discontinue SAP support for those portions.

The commitments further provide for clarification of contractual provisions governing the initial term of licenses and a commitment not to restart that term with each additional license purchase. SAP also agreed to abolish reinstatement fees and reduce back-maintenance fees charged to customers resuming support services after a lapse. The commitments apply to current and future customers worldwide, will remain in force for 10 years, and will be overseen by an independent monitoring trustee reporting to the Commission.

The Commission said the commitments resolve its competition concerns and are now enforceable under EU law. Acceptance of the commitments allows the case to be concluded without a finding that SAP violated antitrust rules.

SAP reactions. SAP welcomed the decision, saying it followed a constructive and cooperative dialogue with the Commission. The company said it remains committed to open competition, customer choice and innovation, and that the commitments increase transparency, introduce additional flexibility for certain shelfware situations, and strengthen implementation through enhanced guidance, training and independent oversight.

SAP also emphasized that the decision concerns only its on-premises maintenance and support policies and does not relate to its cloud offerings. The company said the framework provides greater clarity and flexibility for customers operating complex on-premises environments while supporting their modernization strategies.

Companies: SAP SE

News: Antitrust