The technology company Broadcom announced Wednesday it has taken European Union competition authorities to court, challenging their demands for confidential legal documents from the firm’s American attorneys.
The lawsuit, filed with the General Court in Luxembourg, which serves as Europe’s second-highest judicial body, centers on an ongoing investigation related to VMware, a company Broadcom purchased in 2023.
In a statement sent via email, Broadcom described the legal action as a procedural measure designed to safeguard its rights. “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 explained.
The firm emphasized its stance on attorney-client confidentiality, stating: “As a U.S.-headquartered company with global operations, Broadcom regards legal professional privilege as a fundamental right that must be protected and our action is narrowly tailored to address only this interest.” The company noted it continues to work with the European Commission on other information requests.
Attorney-client privilege serves to shield private conversations between legal counsel and clients when those discussions involve seeking or providing legal guidance. However, the application of these protections differs across various legal systems.
Within the European Union, such protections extend only to conversations between companies and outside legal counsel, excluding communications with internal attorneys.
The European Commission, which serves as the EU’s competition enforcement body, indicated its willingness to defend its actions in court proceedings.
Earlier this year in March, lobbying organization CISPE filed an EU competition complaint against Broadcom, urging regulators to halt the company’s decision to discontinue its VMware Cloud Service Provider programme across Europe.
CISPE, representing nearly 50 member organizations throughout Europe and including Microsoft and Amazon as associate participants, has previously challenged the Commission in court over its approval of the VMware acquisition. The group criticized Broadcom’s current legal challenge.
“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 organization stated.
