Broadcom / VMware merger inquiry
| Decision Date | 21 November 2022 |
| Date | 21 November 2022 |
| Subject Matter | Mergers |
| Court | Competition and Markets Authority (EW) |
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Anticipated acquisition by Broadcom
Inc. of VMware, Inc.
DECISION TO REFER
ME/7011/22
The CMA’s decision to refer under section 33 of the Enterprise Act 2002 given on 29
March 2023. Full text of the decision published on 29 March 2023.
Introduction
1. Broadcom Inc. (Broadcom) has agreed to acquire VMware, Inc. (VMware) (the
Merger). Broadcom and VMware are together referred to as the Parties.
2. On 22 March 2023, the Competition and Markets Authority (CMA) decided under
section 33(1) of the Enterprise Act 2002 (the Act) that it is or may be the case that
the Merger consists of arrangements that are in progress or in contemplation which,
if carried into effect, will result in the creation of a relevant merger situation, and that
this may be expected to result in a substantial lessening of competition (SLC) within
a market or markets in the United Kingdom (the SLC Decision).1
3. On the date of the SLC Decision, the CMA gave notice pursuant to section
34ZA(1)(b) of the Act to the Parties of the SLC Decision. However, in order to allow
the Parties the opportunity to offer undertakings to the CMA for the purposes of
section 73(2) of the Act, the CMA did not refer the Merger for a phase 2
investigation pursuant to section 33(3)(b) on the date of the SLC Decision.
4. Pursuant to section 73A(1) of the Act, if a party wishes to offer undertakings for the
purposes of section 73(2) of the Act, it must do so before the end of the five working
day period specified in section 73A(1)(a) of the Act. The SLC Decision stated that
the CMA would refer the Merger for a phase 2 investigation pursuant to section
33(1), and in accordance with section 34ZA(2) of the Act, if no undertakings for the
purposes of section 73(2) of the Act were offered to the CMA by the end of this
period (ie by 29 March 2023); if the Parties indicated before this deadline that they
1 See Broadcom / VMware merger inq uiry - GOV.UK (www.gov.uk).
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