The Bundeskartellamt has concluded its preliminary investigations against SAP SE, based in Walldorf, and will not initiate any abuse proceedings at this time. The investigation was prompted by complaints from several software companies, including Celonis SE from Munich, alleging that SAP was making it difficult for customers and third parties to access data from its ERP systems, thereby favoring its own offerings, particularly in the area of Process Mining.

Andreas Mundt, President of the Bundeskartellamt, emphasized the importance of companies being able to use their own data in applications from other providers. He noted that a non-discriminatory access to data is crucial for effective competition, especially in large software platforms. However, the investigations revealed that there are currently sufficient means for data extraction, and no substantial evidence of antitrust-relevant obstruction practices has been found.

SAP is a leading global provider of ERP software, which helps companies manage central business processes such as procurement, production, logistics, and accounting. These systems generate large amounts of data that many companies wish to utilize in applications from other software providers for analysis and optimization of business processes.

The focus of the investigations was whether SAP, as a subject of German and European abuse regulations, was technically or commercially hindering competitors' access to this data, thereby favoring its own solutions. The Bundeskartellamt conducted inquiries with SAP, its customers, and other market participants.

The findings indicated that while extracting large amounts of data is technically challenging, there are currently various permissible and practical ways to extract data from SAP systems. Additionally, the SAP API Policy released in spring does not appear to eliminate previously permissible forms of data extraction.

The Bundeskartellamt also examined whether SAP offers its own Process Mining software, Signavio, for free or at minimal cost to eliminate competition. However, no sufficient evidence has emerged to support this claim. The investigations revealed that SAP offers different licensing models, including options without Signavio at a lower price.

In light of these findings, the Bundeskartellamt sees no reason to initiate an abuse proceeding at this time. However, the authority will continue to monitor the evolving dynamics of data access and usage, as well as the business and pricing models of digital software providers controlling significant competitive data volumes.