GovWire

Phase 2

Administrative timetable

Date of referral: 29 March 2023

Statutory deadline: 12 September 2023

• Administrative timetable (PDF, 98.5 KB) (13.4.23)

Contact

Broadcom.VMware@cma.gov.uk

Issues statement

21 April 2023: The issues statement sets out the scope of the inquiry. It outlines initial theories on what might be adversely affecting competition, but it does not set out findings or conclusions. The deadline for submissions on the issues statement is 11am BST, 9 May 2023.

• Issues statement (PDF, 208KB) (21.4.23)

Inquiry group appointed

29 March 2023: The CMA has appointed the Inquiry Group:

Richard Feasey (Chair), Colleen Keck, Jeremy Newman, and Crispin Wright.

Terms of reference

29 March 2023: The CMA has referred the anticipated acquisition by Broadcom Inc. of VMware, Inc. for an in-depth investigation.

• Terms of reference (PDF, 107KB) (29.3.23)

Phase 1

Statutory timetable

Reference decision

29 March 2023: The CMA has referred the anticipated acquisition by Broadcom Inc. of VMware, Inc. for an in-depth investigation, on the basis that, on the information currently available to it, it is or may be the case that this Merger may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom.

• Decision to refer (PDF, 113 KB) (29.3.23)

Reference unless undertakings accepted

22 March 2023: The CMA has decided, on the evidence currently available to it, that it is or may be the case that this merger may be expected to result in a substantial lessening of competition within a market or markets in the United Kingdom. This merger will be referred for an in-depth, Phase 2 investigation unless the parties offer an acceptable undertaking to address these competition concerns.

• Summary of Phase 1 Decision (PDF, 136KB) (22.3.23)
• Press release: Tech deal could make computer servers more expensive for UK businesses

Launch of merger inquiry

25 January 2023: The CMA announced the launch of its merger inquiry by notice to the parties.

• Commencement notice (PDF, 93 KB) (25.1.23)

Invitation to comment: closed 6 December 2022

21 November 2022: The Competition and Markets Authority (CMA) is considering whether it is or may be the case that this transaction, if carried into effect, will result in the creation of a relevant merger situation under the merger provisions of the Enterprise Act 2002 and, if so, whether the creation of that situation may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

To assist it with this assessment, the CMA invites comments on the transaction from any interested party.

Written representations about any competition issues should be provided by the deadline set out above.

Contact

Please send written representations about any competition or public interest to:

• Darren Gysi, darren.gysi@cma.gov.uk

• Josh Dawson, josh.dawson@cma.gov.uk