Broadcom
– Giacomo Lee/SDxCentral

Europe’s leading cloud body responded to Broadcom in the latest chapter of the chip giant’s VMware controversy on the continent, adopting imagery from America’s animated finest while doing so.

The Cloud Infrastructure Service Providers in Europe (CISPE) condemned what it called Broadcom’s “deeply concerning conduct” in the European Commission’s (EC) ongoing antitrust investigation as initiated by CISPE. This week it was revealed that Broadcom responded to requests from the EC for documents containing legal advice from its U.S. lawyers by filing a case in the Luxembourg-based General Court.

Broadcom said this was a ​procedural action to solely “protect its rights” regarding legal professional privilege.

cispepark
They took our gags! – CISPE

CISPE in response posted a statement with a cartoon image referencing animation classic "South Park." The image features a caricature of Broadcom CEO Hock Tan presiding over a set of document trays, with a structure behind him labeled as "Delay Tactic Headquarters." CISPE is represented by Colorado’s finest from the TV show as they hold up placards in protest.

The notorious Eric Cartman is not among the contingent, with the stocky agitator seemingly channeled through Tan’s representation as a portly character who happens to be flaunting a middle finger in a manipulation of the Broadcom logo upon his suit.

In perhaps more diplomatic fashion, CISPE accused Broadcom of asking the European Court to withhold disclosure of the correspondence and suspend the commission’s request for information (RFI), as well as bidding the Court to “compel the disclosure of confidential information submitted by CISPE members” as part of their legal challenge against Broadcom. That complaint was made in March over ongoing objections in the wake of Broadcom’s acquisition of VMware.

“This position reflects unacceptable double standards and a calculated delaying strategy,” CISPE’s statement claimed. “It should be seen for what it is, an attempt to delay the opening of formal anti-trust proceedings and to prevent the imposition of interim protective measures sought by CISPE.”

CISPE added it was “legitimate to question why Broadcom is seeking to shield certain communications from scrutiny by European authorities … [which] may prevent material evidence of the ongoing abuses from coming to light.”

CISPE Secretary General Francisco Mingorance added: "On the one hand, Broadcom is asking European courts to force the disclosure of confidential information concerning European companies that exercised their legitimate right. ... On the other, Broadcom refuses to disclose its own documents that may be essential to an ongoing European antitrust investigation. Dominant vendors cannot be allowed to play Europe’s legal system to their own advantage.”

CISPE versus Broadcom

CISPE’s legal dispute with Broadcom began last summer when it lodged a complaint with the European Union General Court over the bloc’s alleged failure to address market dominance concerns prior to the VMware takeover.

Broadcom strongly disagreed with the allegations, claiming it would “uphold the commitments made to the commission at that time.”

CISPE would go on to release a report calling out the business over VMware licensing changes in the wake of the acquisition, with claims of large cost increases and unilateral contractual revisions. Disgruntled customers include German giant Siemens and British supermarket chain Tesco, while American clients have also raised legal rankles.

CISPE then filed a separate complaint in March prompted by Broadcom’s shuttering of the Advantage Partner Program for VMware Cloud Service Providers (VCSP). Partners on the program were told Broadcom would not renew their contracts, opting instead for an invite-only model. Broadcom also retired its White Label model for Europe, which was set up to allow smaller cloud service providers to work through Pinnacle or Premier partners.

Hundreds of CSPs were reportedly affected by the move, prompting CISPE to urge a suspension of the VCSP termination, the reinstatement of the White Label model, as well as “explicit protections against retaliation from Broadcom” with enforced fines to ensure compliance with its terms.

Away from CISPE, Broadcom also received a “red” status from the European Cloud Competition Observatory (ECCO) for its handling of legacy VMware licensing changes, which ECCO claimed could be violating EU competition regulations.