European Commission clears Avago's acquisition of Broadcom
Both Avago and Broadcom are manufacturers of semiconductors at the global level. These are materials that conduct electricity more easily than insulators (like glass) but less easily than conductors (like copper), which makes them ideal for manipulating electronic signals (reversing, amplifying, weakening etc.). Semiconductor materials, most typically silicon, are used in semiconductor devices like microchips and their components (for example diodes and transistors). These devices are then used in a wide-range of products such as mobile phones, computers, domestic appliances, cars, medical equipment, identification systems, large-scale industry electronics and aerospace equipment.
The Commission's investigation showed that the portfolios of the companies are mainly complementary since Broadcom makes "off-the-shelf" chips for the broadband and connectivity market segments, while Avago makes custom-built chips for special applications in the analog wireless integrated circuits, enterprise, storage and industrial segments.
Nevertheless, the Commission had some concerns about the vertical relationship created by the transaction, since Avago supplies certain intellectual property (technology for allowing fast data transmission between chips) to some of Broadcom's competitors. The Commission's concern was that after the takeover Avago could have had an incentive to withhold this intellectual property in order to extend the merged entity's dominance in the so-called "switch chips" market.
However, already during the Commission's assessment of the case, Avago addressed these concerns by entering into commercial agreements with other "switch chip" manufacturers. These agreements will ensure that other "switch chip" manufacturers will continue to have access to the necessary intellectual property on reasonable terms. Thanks to this up-front solution, the Commission has been able to unconditionally clear the proposed transaction, which was notified on 2 October 2015.
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