Middle Kingdom has made a habit of scuppering western mergers of late
, which raised concerns the merger might stifle innovation and allow Broadcom to limit VMWare's compatibility with rival networking products.
It also considered whether the merger might harm innovation, in that Broadcom's rivals would need to share commercially sensitive information with VMware to ensure their hardware worked with its platform. The panel decided this is unlikely to be an issue as this information only needs to be shared with VMware at a stage when it is too late to be of commercial advantage to Broadcom.
"The CMA's clearance decision is particularly noteworthy because it has given an unconditional thumbs up to the deal proceeding," commented Alex Haffner, competition partner at London-based lawyer Fladgate. Haffner said it was a"useful riposte" to those who have argued that the the CMA is not sufficiently flexible to deal with technology takeovers, but it also makes us wonder why it did not ask for commitments that interoperability would be preserved, as the EC did.
Danmark Seneste Nyt, Danmark Overskrifter
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