Broadcom fails to suspend EU demand for U.S.-protected legal papers in VMware antitrust probe, court rules.
Broadcom lost its appeal to halt an EU antitrust request for U.S. legal documents tied to its 2023 VMware acquisition. The Luxembourg-based General Court sided with EU regulators, dismissing Broadcom’s argument that the demand violated U.S. attorney-client privilege.
The European Commission had sought documents produced outside the EU, citing its authority to investigate potential competition violations. Broadcom argued the request conflicted with U.S. legal protections, but the court ruled the Commission retains discretion to determine relevance. EU privilege rules differ, covering only external lawyers, not in-house counsel.
The ruling underscores the EU’s expansive investigative powers in antitrust cases, even when conflicting with foreign legal standards.