On July 9, 2026, the European Commission closed case AT.40823 with binding, global, ten year commitments that dismantle the four contract mechanics protecting SAP’s 22 percent maintenance stream. The rights are real. They do not self execute. Here is how to collect.
On July 9, 2026, the European Commission closed antitrust case AT.40823 by accepting binding commitments from SAP. No fine, no infringement finding, and, if you read only the press releases, no drama. Read the actual commitments and a different story appears: a regulator just dismantled the four contractual mechanics that made SAP maintenance one of the most protected revenue streams in enterprise software. Here is what changed, why SAP will not bring it up, and how to collect.
The investigation opened in September 2025 and focused on the aftermarket for maintenance and support of on premises ERP software, where SAP charges roughly 22 percent of net license value every year, indefinitely. On July 9, the Commission announced it had accepted SAP’s commitments and closed the case. SAP welcomed the decision the same day, describing the outcome as greater clarity, choice, and safeguards for customers.
Read past the diplomacy. Four practices were on the table, and every one of them had a single commercial purpose: make the exit door more expensive than staying.
SAP did not give customers a gift. A regulator took away SAP’s favorite weapons.
“This is the strongest negotiation leverage SAP customers have held in two decades, and most of them will never use it. The commitments changed the rules. They did not change the incentives. No SAP rep will open a renewal by explaining which of your licenses now qualify for termination. The customers who collect will be the ones who show up with the commitments document in hand and a position already built.”
Fredrik Filipsson · Co Founder, Redress Compliance · advisor on 500+ enterprise software agreements
The commitments took effect on July 10, 2026, and SAP has published them on its own support portal. Five changes carry real money.
1. Partial termination is now real in defined scenarios. Customers can terminate licenses and the associated maintenance for products in reduced support phases, for failed implementations attributable to SAP, in insolvency, and in restructuring events. A workforce reduction of 10 percent or more over two years unlocks the right to terminate 10 percent of licenses and their support. Divested businesses can transfer licenses to the buyer, terminate what the buyer does not need, or terminate entirely, without re discounting of the remaining estate. Terminations take effect on the next quarterly date: January 1, April 1, July 1, or October 1.
2. Mix and match is unlocked. The all or nothing support requirement is gone. Customers can put stable legacy systems on third party support at roughly 50 percent below SAP rates while keeping SAP support where it earns its fee. Our comparison of the third party support providers covers who is credible for what.
3. The reinstatement fee is fully waived. For every customer, permanently.
4. Back maintenance is capped. The cap is the lower of 50 percent of the fees for the off support period or six months of maintenance payments. Under the old regime that number routinely ran 18 to 24 months. The single biggest financial deterrent to third party support has been cut by roughly 75 percent or more for anyone off support beyond a year.
5. There is an enforcement path. SAP must run an internal complaint mechanism for customers who believe the commitments are not being honored, with the independent trustee and the Commission behind it.
Source: European Commission, case AT.40823, July 9, 2026.
Here is the part that decides who actually benefits: none of these rights self execute.
SAP account teams are compensated on maintenance retention and cloud conversion. No rep will open a renewal meeting by explaining which of your licenses now qualify for termination, or by recalculating your third party support business case with a capped re entry fee. The commitments changed the rules. They did not change the incentives.
Expect the opposite. Expect RISE with SAP and S/4HANA proposals to arrive faster and louder, because every customer who exercises these rights shrinks the maintenance base SAP is trying to convert to cloud subscriptions before it erodes. The settlement covers on premises support only. Cloud contracts carry none of these protections, which is exactly why SAP would rather discuss cloud. Before you accept that reframing, read our work on the RISE migration readiness checklist and the 2027 ECC end of maintenance strategy: the cloud conversation deserves its own negotiation, not a defensive rush.
The customers who collect will be the ones who show up to the next renewal with the commitments document in hand and a position already built. Everyone else will keep paying 22 percent on licenses nobody uses, exactly as before, with SAP technically compliant the entire time.
One. Run a full shelfware audit now. Use USMM and LAW data to identify inactive users, undeployed engines, and over classified user types, then map every finding against the new termination scenarios: reduced support phases, failed projects, workforce reductions, and divestitures. Enterprise estates typically surface $200K to $500K in recoverable support spend annually, and because terminations only take effect on quarterly dates, every quarter of delay is money lost.
Two. 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. Both are gone or capped. Rebuild the model with a six month re entry ceiling and price a mixed estate: stable systems on third party support, strategic systems on SAP.
Three. Take the numbers into the renewal. A documented termination position plus a credible third party quote is the strongest negotiation leverage SAP customers have held in two decades. Use it to cut the maintenance base, cap uplifts, and force real concessions, whether or not you ultimately move anything. This is exactly the position our SAP support and maintenance negotiation practice builds.
Four. Put every request in writing. Escalate through the complaint mechanism if SAP resists. The commitments are enforceable, and a paper trail is what makes them enforceable for you.
The Commission built the door. Walking through it is on you. If you want the position built before your next renewal or support invoice, bring the estate to the SAP practice. Fixed fee or contingency: if we do not save you money, you do not pay.
Yes. The commitments apply globally, to all current and future SAP customers, even though they were accepted by the European Commission. They run for ten years from July 10, 2026, and compliance is monitored by an independent trustee.
No. The case closed with binding commitments rather than a fine or an infringement finding. The enforcement teeth sit behind the commitments: if SAP breaches them, the Commission can fine up to 10 percent of worldwide annual turnover without having to prove the original case.
In defined scenarios, yes. Termination rights attach to products in reduced support phases, failed implementations attributable to SAP, insolvency and restructuring events, workforce reductions of 10 percent or more over two years, and divestitures. Terminations take effect on the next quarterly date, so the audit work has to be done before the window, not after.
It is capped at the lower of 50 percent of the fees for the off support period or six months of maintenance payments. Under the old regime it routinely ran 18 to 24 months of fees, which is what killed most third party support business cases.
No. The settlement covers on premises maintenance and support only. Cloud subscriptions carry none of these protections, which is one reason to treat any accelerated RISE proposal as a negotiation in its own right rather than an escape from the maintenance question.
Run the shelfware audit against USMM and LAW data, map findings to the termination scenarios, and rebuild the third party support business case with the new caps. Take both into your next renewal in writing.
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Open the Paper →The Commission built the door. Walking through it is on you. A documented termination position plus a credible third party quote is the strongest leverage SAP customers have held in two decades.
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