The European Commission has invited public feedback on commitments proposed by SAP to address concerns over potential anticompetitive practices in the maintenance and support services market for its on-premises Enterprise Resource Planning (ERP) software.
SAP, a German multinational, provides ERP software that helps businesses manage finances, human resources, and projects. The company’s ERP solutions can be deployed on customers’ servers or accessed via the cloud. Alongside these products, SAP offers maintenance and support services. Other companies also compete with SAP by providing similar services for SAP’s on-premises ERP products.
On September 25, 2025, the Commission launched a formal investigation into whether SAP held a dominant position in the market for maintenance and support of its on-premises ERP software and if it engaged in practices restricting competition. The Commission preliminarily identified four main areas of concern:
– Customers are required to use SAP maintenance and support for all their on-premises ERP software and must select uniform pricing conditions across all products, limiting their ability to mix different suppliers or service levels.
– Customers cannot terminate maintenance contracts for unused software licenses, potentially forcing them to pay for unwanted services.
– The initial term of ERP licenses is systematically extended by SAP, preventing termination of maintenance contracts during this period.
– Reinstatement and back-maintenance fees are charged to customers who resume support after a break; sometimes these fees match what would have been paid if continuous service had been maintained.
According to the Commission’s preliminary assessment, these practices may restrict competition in breach of Article 102 TFEU and Article 54 of the EEA Agreement.
To address these issues, SAP has proposed several commitments:
– Clarify how customers can split their systems into separate parts to allow choice between different support providers or levels—including opting out of SAP support entirely.
– Expand access to single-metric contracts as an alternative way to calculate license-related fees. Customers will be able to isolate unused licenses (“shelfware”) from active ones and end associated SAP maintenance.
– Clarify contract terms related to initial license periods during which cancellation is not possible and stop resetting this period when new licenses are purchased.
– Abolish reinstatement fees and reduce back-maintenance charges when customers resume service after an absence; back-maintenance fees will be capped at 50% of missed payments up to six months’ worth. Fees will be fully waived for unsupported products not covered by cross-product licenses.
If made binding following consultation with stakeholders through a “market test,” these commitments would apply globally for ten years. Implementation would be overseen by an independent monitoring trustee reporting regularly to the Commission.
Interested parties have one month from publication in the EU Official Journal to submit comments. Details are available on the Commission’s competition website.
Arianna Podesta, Deputy Chief Spokesperson for the European Commission, stated: “The implementation of Article 102 TFEU is defined in Regulation 1/2003.” Sara Simonini serves as Press Officer.
