According to a press release dated 25 September 2025, the European Commission has opened a formal investigation against SAP. The focus lies on possible anticompetitive practices in the aftermarket for support and maintenance services related to SAP’s Enterprise Resource Planning (ERP) software.
Background
SAP is a Germany-based, globally active provider of enterprise software. One of its core products is the so-called ERP software, which helps companies manage their business processes, such as finance, human resources, or logistics. The software can be operated either cloud-based or locally on customers’ servers.
In addition to its widely used ERP software, SAP offers paid support and maintenance services, particularly for on-premise installations running on customers’ servers. For this aftermarket, the Commission is now examining whether SAP may have restricted competition with third-party service providers through certain contractual requirements.
Preliminary assessment by the Commission
At this stage, the European Commission considers that SAP holds a dominant position on the market for ERP support services within the EEA. As part of its preliminary assessment, the Commission raises concerns regarding four specific practices:
– Customers are required to conclude the same support contract with SAP for all locally installed ERP software, potentially excluding combinations with alternative providers.
– Support contracts for unused licences cannot be terminated, meaning that customers may be charged for services they do not use.
– SAP systematically extends the licence duration for on-premise ERP installations, during which support and maintenance cannot be cancelled.
– Customers wishing to resume SAP support after an interruption must pay high re-entry fees.
According to the Commission, these practices may not only restrict competition but could also qualify as exploitative business conduct to the detriment of customers. SAP now has the opportunity to submit voluntary commitments.
Assessment
Many Swiss companies also use SAP ERP systems and could therefore be affected by similar contractual terms. As far as publicly known, the Swiss Competition Commission has not yet opened an investigation. The case illustrates how hybrid software and service offerings are increasingly coming under the scrutiny of competition authorities. When drafting contracts, it is advisable to carefully review the applicable support conditions.
The press release can be found here.
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