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Broadcom Loses Bid to Halt EU Antitrust Document Request

By  |  August 3, 2026
Broadcom

A European Union court has rejected Broadcom’s request to temporarily halt an EU antitrust demand for legal documents located in the United States, dealing a setback to the chipmaker as regulators continue investigating issues related to VMware, the software company Broadcom acquired in 2023.

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    According to Reuters, the Luxembourg-based General Court ruled Monday that Broadcom had not shown sufficient grounds to suspend a European Commission order requiring the company to provide documents created outside the European Union as part of the Commission’s competition inquiry.

    Reuters reported that Broadcom argued the Commission’s request conflicted with U.S. attorney-client privilege protections because it sought legal communications generated in the United States. The company filed its challenge in May, describing the action as an effort to safeguard legal privilege under U.S. law while continuing to cooperate with the Commission’s broader information requests.

    The General Court disagreed, according to Reuters, finding that EU competition authorities are responsible for determining what evidence is necessary for an investigation. The court said allowing companies under investigation to decide which documents are relevant would significantly weaken the Commission’s investigative powers.

    Read more: Japan Closes Broadcom VMware Antitrust Probe

    Reuters noted that the dispute also highlights differences between U.S. and EU rules governing legal privilege. Under U.S. law, confidential communications between lawyers and their clients generally receive broad protection. In the European Union, however, legal professional privilege typically applies only to communications with external lawyers and does not extend to advice from in-house counsel.

    The legal challenge stems from an ongoing European Commission antitrust matter involving VMware. According to Reuters, Broadcom has separately sought to overturn the Commission’s underlying request for documents, arguing that it improperly requires production of materials located outside the EU and communications protected under the laws of non-EU jurisdictions.

    The European Commission has not publicly concluded its investigation. Reuters reported that Monday’s ruling addresses only Broadcom’s request for interim relief and does not resolve the merits of the broader legal challenge.

    Source: Reuters