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CISPE Challenges EU Approval of Broadcom’s VMware Acquisition

CISPE has challenged the Commission’s approval of Broadcom’s VMware acquisition, but the available court record shows no merits judgment or order for a new review.
From TheFinanceBase Team2 min to read
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CISPE has asked the EU General Court to annul the European Commission’s approval of Broadcom’s acquisition of VMware. The challenge, Case T-503/25, is pending; the available court record shows a procedural order about an intervention, not a decision on the merits. The Court has not been shown to have ordered a new review or annulled the approval.

What CISPE is asking the Court to do

Cloud Infrastructure Services Providers in Europe (CISPE), which describes itself as representing European cloud infrastructure providers, filed its action on 23 July 2025. It seeks annulment of the Commission’s decision approving Broadcom’s acquisition of VMware. The EU General Court case is CISPE v Commission, Case T-503/25. The Official Journal notice of the action sets out the case and CISPE’s pleaded grounds.

“Pushes the Court to reexamine” is shorthand for the remedy CISPE seeks. It is not evidence that the Court has ordered the Commission to reopen its review. The immediate legal question is whether the Court should annul the Commission decision.

Which approval CISPE challenges

The action targets Commission Decision C(2023) 4654 final, dated 12 July 2023, in merger case M.10806 – Broadcom/VMware. The EUR-Lex case materials identify the decision under challenge. CISPE’s court action came two years after that approval.

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What CISPE alleges

In the published action notice, CISPE alleges errors in law and in the Commission’s competitive assessment. One central argument is that the Commission relied on the companies’ commercial practices before the merger without adequately assessing how their conduct might change after the transaction was implemented. These are CISPE’s claims, not judicial findings.

In a statement dated 11 December 2025, CISPE further said the Commission had failed to assess risks that CISPE considers publicly announced, including Broadcom’s incentives to monetize VMware’s position in server virtualization. That statement describes the claimant’s position; it does not establish that the Commission or the Court accepts the allegations. CISPE’s statement provides its account.

What the court record shows so far

The InfoCuria record identifies CISPE as applicant and the European Commission as defendant. It records an order dated 3 February 2026 concerning VOICE – Bundesverband der IT-Anwender eV’s application to intervene in support of CISPE. That is a procedural event about participation in the case, not a ruling on whether the Commission’s approval was lawful. The record available here does not establish a final judgment on the annulment action.

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What this means for the merger approval

CISPE’s filing does not, by itself, undo the Commission’s approval. The case concerns whether that decision should be annulled; the allegations remain to be resolved by the Court. Until a merits ruling is established, it would be inaccurate to say the Court has ordered a fresh merger review or found that the Commission made an error.

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For the original announcement of its action, CISPE said it was seeking annulment of the Commission’s approval. Its 24 July 2025 announcement describes the relief it requested.

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