EU Court Bars Broadcom from VMware Merger Challenger’s Member List
EU court denies Broadcom access to CISPE members’ names in VMware merger challenge.
Why it matters: This ruling shapes transparency and procedural standards in regulatory reviews of major tech mergers. Legal teams managing cross-border deals must navigate confidentiality claims amid competitive disputes.
- October 23, 2026: EU General Court rules CISPE can keep members’ identities confidential from Broadcom.
- Broadcom sought access to redacted cloud provider names to contest CISPE’s action admissibility; request was rejected.
- Court cited Broadcom’s ‘hostile conduct’ and dominant market position as rationale for confidentiality.
- CISPE challenges European Commission’s July 2023 approval of Broadcom’s $69B VMware acquisition, filed in July 2025.
On October 23, 2026, the EU General Court ruled that the Cloud Infrastructure Services Providers in Europe (CISPE) can keep confidential the names of its members in their legal challenge against Broadcom’s acquisition of VMware.
Broadcom had requested access to this redacted information aiming to contest the admissibility of CISPE’s action against the European Commission’s July 12, 2023 approval of the $69 billion deal. However, the court denied this request, upholding confidentiality claims that protect these smaller cloud providers. The ruling emphasized Broadcom’s “hostile conduct” and its dominant position in the market as key reasons to safeguard the anonymity of CISPE’s members.
This decision is procedural rather than substantive; it does not address the merits of the case but removes Broadcom's ability to access specific competitor identities, easing CISPE’s challenge to move forward. CISPE initially filed the action in July 2025, arguing that the Commission did not adequately assess the risks posed by the acquisition to cloud market competition.
The ruling highlights the judiciary’s balancing act between transparency in merger reviews and confidentiality to protect stakeholders from potential competitive harm. Legal professionals handling merger disputes involving major tech companies should note how procedural rulings like this shape litigation and compliance strategies across jurisdictions.
By the numbers:
- $69 billion — value of Broadcom's acquisition of VMware
- July 12, 2023 — date European Commission conditionally approved the deal
- July 2025 — CISPE filed action against the Commission's approval
- October 23, 2026 — EU General Court decision on confidentiality
Yes, but: While the court cleared procedural hurdles for CISPE, it did not rule on the substantive competition concerns, leaving the ultimate challenge outcome open.
What's next: The case will progress in EU courts on substantive issues, potentially affecting future merger reviews and confidentiality norms for cloud industry stakeholders.