The SAP commitments, the rules changed and the incentives did not
On July 9, 2026, the European Commission closed antitrust case AT.40823 by accepting binding commitments from SAP: no fine, no infringement finding, and, in the press releases, no drama. Read the actual commitments and a different story appears: a regulator dismantled the four contractual mechanics that made SAP maintenance one of the most protected revenue streams in enterprise software.
Prepared by Redress Compliance · August 7, 2026 · SAP advisory. Based on the Commission's decision of July 9, 2026 and the SAP maintenance engagement file.
Executive summary
Four weapons were removed, and each had one purpose.
No termination of maintenance on unused licenses, all or nothing support across the estate, reinstatement fees for returners, and back maintenance for the full off support period: each existed to make the exit door more expensive than staying, and each is now gone, unlocked, waived, or capped.
The commitments took effect July 10, apply globally to all current and future customers, run for ten years under an independent trustee, and breach exposes SAP to a fine of up to 10 percent of worldwide turnover.
The money is concrete.
Partial termination now works in defined scenarios, reduced support phases, failed implementations attributable to SAP, insolvency, restructuring, a 10 percent workforce reduction over two years unlocking termination of 10 percent of licenses.
And divestitures without re discounting the remaining estate.
Mapped against USMM and LAW shelfware data, enterprise estates typically surface $200,000 to $500,000 in recoverable annual support spend, and terminations take effect only on quarterly dates, so every quarter of delay is money lost.
The third party support business case just rebuilt itself.
The all or nothing requirement is gone, so stable legacy systems can move to third party support at roughly 50 percent below SAP rates while SAP keeps the systems where it earns its fee; the reinstatement fee is waived permanently.
And back maintenance is capped at the lower of 50 percent of off support fees or six months of maintenance, against the 18 to 24 months the old regime routinely demanded, a cut of roughly 75 percent or more in the re entry penalty.
None of it self executes, which decides who benefits. SAP account teams are paid on maintenance retention and cloud conversion, the settlement covers on premises support only, and no rep will open a renewal by explaining which licenses now qualify for termination.
Expect the opposite: RISE and S/4HANA proposals arriving faster and louder, because every exercised right shrinks the maintenance base SAP wants converted to cloud, where none of these protections apply.
The customers who collect will arrive with the commitments document in hand and a position already built.
The five changes that carry real money
| Change | The old regime | What applies now |
|---|---|---|
| Partial termination | No termination on unused licenses: shelfware paid 22 percent forever | Termination in defined scenarios, effective on quarterly dates |
| Mix and match support | All or nothing across the estate, one support level, one price | Third party support on stable systems at roughly half SAP's rate, SAP where it earns it |
| The reinstatement fee | A fee for the privilege of returning from third party support | Waived, for every customer, permanently |
| Back maintenance | Fees for the full off support period, routinely 18 to 24 months | Capped at the lower of 50 percent of off support fees or six months |
| Enforcement | Nothing | An SAP complaint mechanism, the independent trustee, and the Commission behind it |
SAP did not give customers a gift; a regulator took away SAP's favorite weapons.
The termination scenarios are specific: products in reduced support phases, failed implementations attributable to SAP, insolvency and restructuring events, the 10 percent workforce reduction unlocking a 10 percent termination right, and divested businesses transferring, terminating partially.
Or terminating entirely, without re discounting of what remains.
SAP has published the commitments on its own support portal, and they are the renewal document now.
Why SAP will not bring it up, and what to expect instead
The rights do not self execute, and the incentives run the other way: account teams are compensated on maintenance retention and cloud conversion, so no rep opens a renewal by recalculating your third party support case with a capped re entry fee.
Expect the cloud conversation to accelerate instead, because the settlement covers on premises support only and cloud contracts carry none of these protections, which is precisely why SAP would rather discuss RISE.
The cloud conversation deserves its own negotiation rather than a defensive rush, the calendar the 2027 ECC strategy works, and the RISE readiness checklist gates.
Customers who do not bring the commitments into the renewal will keep paying 22 percent on shelfware, exactly as before, with SAP technically compliant the entire time.
The SAP RISE negotiation guide
The cloud conversation the commitments accelerate: the proposal stack layer by layer, the FUE conversion, and the leverage the on premises rights now add to it.
Get the white paper →The four moves, in order
- Run the full shelfware audit now: USMM and LAW data mapped against the termination scenarios, because terminations take effect quarterly and every quarter of delay is money lost.
- Reprice third party support with the new math: the old business case died on 18 to 24 months of back maintenance plus a reinstatement fee, and both are gone.
- Bring the commitments document into the renewal, with the qualifying licenses and the mixed support architecture already mapped, because the leverage only exists if it is tabled.
- Negotiate the cloud conversation separately, on its own calendar and merits, because the protections stop at the cloud contract and SAP knows it.
- Percentile standing for your exact deal size and industry, from real closed transactions
- Scenario simulation before the call: test alternative terms and see the financial impact of each
- A negotiation playbook, talking points, and a two page executive brief on day one
What this changes across the SAP estate
The Commission's investigation, opened in September 2025, targeted the aftermarket for on premises ERP maintenance, where SAP charges roughly 22 percent of net license value annually, indefinitely.
And the four practices under review shared one commercial function: making departure feel irreversible.
The commitments convert that architecture into negotiating leverage on a ten year clock:
Below SAP's rate on stable legacy systems, now mixable with SAP support where it earns its fee.
What the back maintenance cap removes from the old 18 to 24 month deterrent.
This is the strongest negotiation leverage SAP customers have held in two decades, and most will never use it, because the commitments changed the rules without changing the incentives.
The provider comparison for the mix and match architecture sits in the third party support comparison, the support line mechanics in the support negotiation guide, and the wider negotiation the commitments now arm, timing, ranges, and the clause set, in the SAP contract negotiation playbook.
Your first five moves
- Download the commitments from SAP's support portal and make them the first document in the renewal file.
- Map the estate against the termination scenarios: reduced support phases, failed projects, workforce reductions, and divestitures, with USMM and LAW evidence.
- File qualifying terminations before the next quarterly date, January, April, July, or October, because the effect dates are fixed and waiting is paying.
- Rebuild the third party support case with the capped math, and design the mixed estate: SAP where it earns, third party where it does not.
- Keep the cloud conversation on its own track, negotiated rather than rushed, because the protections end at the RISE contract. The SAP practice builds the position with you.
Frequently asked questions
What did the European Commission decide about SAP?
On July 9, 2026, the Commission closed antitrust case AT.40823 by accepting binding commitments from SAP, with no fine and no infringement finding.
The commitments took effect July 10, apply globally to all current and future SAP customers, run for ten years policed by an independent trustee, and a breach exposes SAP to a fine of up to 10 percent of worldwide annual turnover.
Can SAP maintenance now be terminated on unused licenses?
In defined scenarios, yes: products in reduced support phases, failed implementations attributable to SAP, insolvency and restructuring events, a workforce reduction of 10 percent or more over two years unlocking termination of 10 percent of licenses.
And divestitures with transfer or termination rights and no re discounting of the remaining estate.
Terminations take effect on the next quarterly date.
Is mixing SAP support with third party support now allowed?
Yes: the all or nothing requirement is gone, so stable legacy systems can move to third party support at roughly 50 percent below SAP rates while SAP support continues where it earns its fee.
The reinstatement fee for returning is waived permanently, and back maintenance is capped at the lower of 50 percent of off support fees or six months.
How much is the SAP settlement worth to an enterprise?
Enterprise estates typically surface $200,000 to $500,000 in recoverable annual support spend once shelfware is mapped against the termination scenarios, and the back maintenance cap cuts the third party support re entry penalty by roughly 75 percent or more.
The rights do not self execute: the value goes to customers who bring the commitments into the renewal.
Why won't SAP tell customers about these rights?
Because account teams are compensated on maintenance retention and cloud conversion, and every exercised right shrinks the maintenance base SAP wants converted to RISE.
Expect cloud proposals to accelerate instead: the settlement covers on premises support only, and cloud contracts carry none of these protections, which is exactly why SAP prefers that conversation.
Do the SAP commitments apply to RISE and cloud contracts?
No: the commitments cover on premises maintenance and support only, which makes the cloud conversion a separate negotiation without these protections.
The buyer discipline is to keep the two tracks apart, collect the on premises rights on their own merits, and negotiate any RISE move on its own calendar rather than as a defensive rush.
