Broadcom loses court bid to suspend EU antitrust request for US legal papers
Broadcom loses court bid to suspend EU antitrust request for US legal papers
The move by the EU General Court escalates a regulatory battle that has implications for both the tech and cloud markets.
Published on 4th August 2026
Broadcom has lost a round in what’s shaping up to be one of the more consequential antitrust fights in European tech regulation. The EU General Court dismissed the company’s request to suspend an information demand from the European Commission, specifically one that seeks documents related to Broadcom’s US legal advisers.
The ruling effectively tells Broadcom that EU regulators can, in fact, ask for those papers. And that trying to challenge such requests could, in the court’s words, weaken enforcement efforts in EU competition law.
What’s actually happening here
Broadcom completed its acquisition of VMware in 2023, a deal that drew regulatory attention from the jump. Now the European Commission is investigating changes Broadcom made to VMware’s cloud service provider program after the merger closed.
The complaint driving the investigation comes from CISPE, the Cloud Infrastructure Services Providers in Europe, a trade group representing nearly 50 European cloud providers. Microsoft and Amazon sit as associate members.
CISPE filed its latest complaint against Broadcom on March 19, 2026, alleging that post-merger changes to VMware’s cloud program have effectively excluded numerous European partners.
Broadcom challenged the European Commission’s information request on May 13, 2026. The company’s argument centred on the idea that handing over materials tied to US legal advisers should be off-limits. The court disagreed, finding the documents are likely relevant to the antitrust investigation.
Broadcom has maintained that it continues to invest in European VMware partners and has pushed back against CISPE’s characterisation of market harm. The company has also pointed to collaborations aimed at providing alternative solutions to the major hyperscalers.
The legal privilege fight beneath the surface
In the US, communications with in-house legal counsel are generally privileged. The EU takes a narrower view, typically only extending privilege to communications with external, independent lawyers. Broadcom’s attempt to shield documents related to US legal advisers was, in effect, asking the EU court to respect American-style privilege norms. The court said no.
CISPE’s complaint alleges that Broadcom’s changes have reduced the number of viable cloud providers in Europe, which typically means higher prices and fewer alternatives for companies that depend on that infrastructure.
For Broadcom investors specifically, the $69 billion VMware acquisition was supposed to transform Broadcom into a diversified infrastructure powerhouse. If the European Commission ultimately finds antitrust violations, the remedies could range from behavioural commitments to structural changes that alter the economic logic of the deal.
The court’s refusal to grant interim measures means the investigation proceeds with full access to the disputed documents.
Another setback for Broadcom
Where do Broadcom go from here? And what are the implications of this decision for the wider industry? Send us your thoughts.
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