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The European Commission’s antitrust case against SAP is no longer just a newly opened probe. The Commission opened an investigation on September 25, 2025, into support for SAP’s on-premises enterprise resource planning (ERP) software, then accepted binding commitments from SAP on July 9, 2026. The commitments address the Commission’s competition concerns, but the decision did not formally find that SAP infringed EU antitrust law.
What the EU investigated—and what it did not
The case, AT.40823, concerned the European Economic Area (EEA) market for maintenance and support of SAP’s on-premises ERP software. On-premises software runs on infrastructure controlled by the customer; it is distinct from cloud software hosted by SAP or another provider. The investigation was not a general review of SAP’s cloud business, AI strategy, or every product it sells. The Commission’s announcement said thousands of European companies use SAP software and related support.
An ERP license gives a customer rights to use software. Maintenance and support are separate services that can include technical assistance, updates, and patches. Independent providers may also offer maintenance for some installed systems, but their services are not necessarily equivalent to publisher support or access to every SAP-owned fix.
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The Commission examined support as an aftermarket: a service market associated with products customers have already bought and deployed. Once an ERP system is deeply integrated into finance, HR, supply chains, or manufacturing, replacing it can be costly and risky. That installed base may make support choices especially consequential. A company’s dominance is not itself unlawful under Article 102 of the Treaty on the Functioning of the European Union (TFEU); the legal issue is whether a dominant company abuses that position. The Commission outlines the Article 102 process.
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The four concerns the Commission raised
When it opened the investigation, the Commission described the following as preliminary concerns and alleged practices—not established findings of misconduct:
- Limits on mixing support providers or service levels. The Commission was concerned that customers could be required to buy SAP support across their on-premises ERP portfolio and use the same support type and pricing conditions. That could restrict a customer’s ability to use SAP for some systems and an independent provider for others, or to choose different service levels.
- Support charges on unused licenses. The Commission alleged that customers could be prevented from ending maintenance and support for licenses they no longer used, leaving them paying for services they did not want.
- Extensions of license terms. The Commission alleged that SAP systematically extended original license terms while customers could not cancel associated support services.
- Reinstatement fees and back payments. The Commission said customers returning to SAP support after a break could face reinstatement charges and back payments, potentially equal to the support fees they would have paid had coverage continued.
These concerns focused on contractual flexibility and the cost of changing support arrangements—not on a finding that SAP had broken the law.
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How the case reached its current outcome
- September 25, 2025: The Commission opened its formal investigation and published its preliminary concerns.
- November 2025: The Commission sought market feedback on commitments offered by SAP.
- July 9, 2026: The Commission accepted SAP’s commitments and made them legally binding.
- As of August 18, 2026: The case has reached a commitments outcome, with implementation and compliance obligations still relevant.
The Commission’s July 9 announcement and case summary confirm the binding-commitments outcome. The publicly summarized result should not be read as a blanket promise that every SAP customer can cancel support, mix providers, or obtain a refund. Customers should consult the full decision and commitment text, and SAP’s implementing contract terms, to determine the precise remedies, eligibility, timing, and scope that apply to them.
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SAP offered remedies intended to address the Commission’s concerns. By accepting them through the commitments procedure, the Commission made SAP’s promises legally binding. This resolves the Commission’s concerns through commitments rather than a prohibition decision establishing an infringement. It is therefore neither a fine nor a formal finding that SAP abused a dominant position—and it is not a declaration that the Commission found no problem. Under the Commission’s Article 102 process, failure to comply with binding commitments can have enforcement consequences.
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In the September 2025 response reported by TechRepublic, SAP said its on-premises support policies reflected long-standing standards common across the global software sector, that it believed the policies complied with competition rules, and that it was cooperating with the Commission. Offering commitments does not by itself amount to an admission of wrongdoing.
What SAP customers should check
This is general information, not legal advice. The Commission’s decision does not automatically settle every customer’s contract or private dispute. Before changing support or payment arrangements, customers should:
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- Inventory their licenses and contracts. Identify active, dormant, retired, and unused on-premises licenses. Note renewal dates, minimum terms, automatic-renewal clauses, and termination windows.
- Map products to support arrangements. Check whether a contract requires the same provider, service level, or pricing across the installed base, or allows different arrangements for different products and modules.
- Ask SAP for the applicable post-commitment terms in writing. Request the specific contract language, eligibility criteria, and effective dates implementing the Commission decision. Do not assume that a news report alone changes a contract.
- Get a written breakdown of reinstatement charges. If returning to SAP support, ask how any back-support or reinstatement amount is calculated and what contract term authorizes it.
- Compare the full costs and risks of alternatives. Assess SAP support, third-party maintenance, internal support, and migration separately. Compare product and release coverage, security and regulatory updates, response times, customization and integration support, audit requirements, interoperability, exit costs, and internal staffing—not just the quoted price.
- Get specialist advice before a consequential change. A competition-law lawyer or experienced enterprise-software procurement adviser can review the decision alongside the contract and applicable national law. Do not stop paying or terminate support solely because the Commission opened a case or accepted commitments.
What the outcome may mean for customers and providers
The case matters most directly to EEA organizations operating SAP ERP on premises, particularly those with unused licenses, different support needs across systems, an interest in independent maintenance, or plans to return to SAP support after a break. It may also matter to third-party maintenance providers and procurement teams negotiating renewals. The decision’s actual reach depends on its text and the customer’s circumstances; cloud-only customers and customers outside the EEA should not assume they receive the same treatment.
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Random freezes, missing sound and display glitches usually trace back to one bad driver. Find and replace yours safely.Free scan · under a minuteThird-party maintenance can offer a different support model and may be less expensive in some circumstances, but it is not automatically a like-for-like substitute. Customers need to verify coverage for their exact products and releases, the provider’s ability to support customizations, access to security or regulatory updates, contractual rights to use relevant tools and materials, and the practical consequences of returning to SAP. Moving to a cloud ERP is another strategic option, not a quick fix for a support-contract disagreement; migration brings its own costs, implementation risks, data-conversion work, and long-term subscription commitments.
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The Commission has not, through this commitments decision, announced a fine or made a formal infringement finding. For customers, the practical next step is not to presume that all restrictions have vanished, but to check the binding decision, its implementation, and the terms governing their own SAP estate.
Search the Commission’s case register for AT.40823 and the related decision documents.
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