Broadcom Inc. has concluded its acquisition of VMware, Inc., marking a significant milestone in what’s been recognized as one of the largest tech mergers by The Wall Street Journal. Axinn, Veltrop & Harkrider LLP served as global lead antitrust counsel to VMware, aiding in obtaining regulatory clearances from over 10 jurisdictions, a crucial step towards finalizing the $69 billion deal.
The 18-month regulatory review process saw Axinn collaborating closely with VMware’s in-house legal team, Gibson Dunn, and Broadcom’s global regulatory counsel at Cleary Gottlieb. John Harkrider, lead partner at Axinn, expressed appreciation for the meticulous review conducted by global regulators and highlighted the cooperative effort that contributed to this achievement.
Axinn’s role involved navigating VMware through various regulatory hurdles, including a comprehensive review by the Federal Trade Commission in the United States and obtaining conditional and unconditional clearances in numerous countries such as the European Commission, UK Competition and Markets Authority, Korea Fair Trade Commission, and others. The recent Phase III conditional clearance from China’s State Administration for Market Regulation was a notable accomplishment in this process.
The legal teams at Axinn and Gibson Dunn, led by key individuals, worked meticulously, supported by dedicated associates and eDiscovery managers, to facilitate the successful execution of the acquisition.
Axinn extended gratitude to Broadcom’s global regulatory counsel, Cleary Gottlieb, emphasizing the collaborative effort involved. Additionally, appreciation was extended to VMware’s in-house legal team for their unwavering support and significant contributions throughout the lengthy process, acknowledging the leadership of Amy Fliegelman Olli, EVP and General Counsel, and the entire team.
