Broadcom has launched legal proceedings against EU antitrust regulators by lodging a suit at the General Court in Luxembourg, the U.S. semiconductor company said on Wednesday. The action targets requests for documents that Broadcom says contain legal advice from its United States-based lawyers in relation to the probe connected to its acquisition of VMware in 2023.
In a statement provided to regulators and market observers, Broadcom framed the court filing as a matter of principle and procedural protection. "This filing is a procedural action solely to protect Broadcom’s rights under the long-recognized rules on legal professional privilege in non-EU countries, including the U.S.," the company said.
Broadcom emphasized that it is a U.S.-headquartered firm with global operations and said it regards legal professional privilege as a fundamental right that requires protection. The company added that the step it has taken is narrowly tailored to address that singular interest, and that otherwise it is cooperating with the European Commission’s requests for information.
The dispute centers on attorney-client privilege, which shields confidential communications between lawyers and their clients when they are exchanged for the purpose of seeking or giving legal advice. The scope of that privilege differs by jurisdiction. Within the European Union, the privilege generally applies to communications with external counsel but does not extend to communications involving in-house lawyers.
The European Commission, which enforces competition law in the EU, said it stands ready to defend its decisions in court.
The case sits against the backdrop of a separate antitrust grievance brought earlier this year. In March, the cloud industry lobby group CISPE filed a complaint with EU authorities calling for a temporary block on Broadcom’s plan to end its VMware Cloud Service Provider programme in Europe. CISPE, which counts nearly 50 members across Europe and identifies Microsoft and Amazon as associate members, has previously taken the Commission to court over the approval of the VMware deal.
Responding to Broadcom’s legal challenge, CISPE criticised the company’s attempt to withhold internal communications. "Broadcom cannot demand complete disclosure from CISPE members affected by its practices while simultaneously maintaining opacity around its own internal communications and relevant evidence in the ongoing anti-trust investigation," the group said.
The litigation in Luxembourg will test how EU enforcement authorities balance their investigative duties against claims of legal privilege tied to counsel located outside the EU. Broadcom characterizes its court filing as narrowly focused on protecting U.S. privilege rules, while the Commission maintains it will defend its investigative measures in court.
As the matter proceeds, the exchanges between Broadcom, the Commission and CISPE will determine whether and to what extent documents containing advice from non-EU lawyers must be disclosed in the Commission’s ongoing review and related proceedings.