Merger Update: Broadcom/VMware

MERGER DECISION ANNOUNCED:

ANTICIPATED ACQUISITION BY BROADCOM INC. OF VMWARE, INC.

The Competition and Markets Authority (CMA) has decided, on the evidence currently available to it, that it is or may be the case that the anticipated acquisition by Broadcom Inc. of VMware, Inc. (the Merger) has resulted or may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom.

The CMA is therefore considering whether to accept undertakings under section 73 of the Enterprise Act 2002 (the Act) in lieu of a reference to an in-depth, Phase 2 investigation. Pursuant to section 73A(1) of the Act, Broadcom Inc. and VMware, Inc. has until Wednesday, 29 March 2023 to offer undertakings to the CMA that might be accepted by the CMA under section 73(2) of the Act. If no such undertakings are offered, then the CMA will refer the Merger, pursuant to sections 33(1) and 34ZA(2) of the Act.

The text of this decision will be placed on the CMA's website at www.gov.uk/CMA as soon as is reasonably practicable.

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