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CISPE Appeals Broadcom’s $69 Billion VMware Merger Approval in EU Court

CISPE wants the approval overturned after Broadcom’s post-merger licensing changes drove up costs for European cloud providers.

The Broadcom company logo is shown outside one of their office complexes in Irvine, California, U.S., March 4, 2021. REUTERS/Mike Blake/File Photo
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Overview

  • CISPE filed a formal appeal with the European General Court to overturn the European Commission’s approval of Broadcom’s $69 billion acquisition of VMware
  • The complaint alleges legal errors and manifest failures in the Commission’s competitive assessment that left the deal without safeguards against market dominance
  • Since closing in November 2023, Broadcom has terminated existing VMware contracts with minimal notice and imposed licensing hikes of up to tenfold alongside mandatory multi-year commitments
  • CISPE says two years of lobbying and direct negotiations failed to secure fairer access terms for its members before resorting to legal action
  • Broadcom disputes the challenge, emphasizing its adherence to merger commitments and asserting that the acquisition underwent thorough scrutiny