Introduction
When a technology vendor drastically alters its partner program—such as eliminating a long-standing channel for cloud service providers (CSPs) and replacing it with an invite-only model that excludes smaller players—affected companies often feel powerless. However, there is a structured path to seek recourse, especially within the European Union. In early 2025, a trade association of CSPs filed an antitrust complaint with the European Commission (EC) over Broadcom’s shuttering of VMware’s CSP partner program. This guide walks you through the essential steps to mount a similar challenge, using that real-world case as a model. By following these steps, you can formally request that EU regulators investigate and potentially reinstate a canceled program or impose remedies for anticompetitive conduct.
What You Need
- Evidence of program changes: official communications from the vendor (e.g., emails, policy documents) detailing the cancellation or restriction of the partner program.
- Data on the number of affected partners: historical and current partner counts (e.g., from industry reports or your own records) to demonstrate the scale of exclusion.
- Proof of harm to your business: financial records, lost revenue projections, or statements from customers lost due to the program change.
- Information on the vendor’s market power: market share data, analyst reports, or evidence that the vendor holds a dominant position in a relevant market (e.g., virtualization software).
- A trade association or legal counsel: joining an existing association (like the CSP trade group) or hiring an antitrust attorney experienced with EU competition law.
- Knowledge of EU competition rules: particularly Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) concerning abuse of dominance and anti-competitive agreements.
Step-by-Step Guide
Step 1: Document the Vendor’s Anticompetitive Actions
Begin by gathering all available records of the program change. In the VMware case, Broadcom eliminated the CSP partner program and replaced it with an invite-only alternative favoring larger partners. They also imposed a 3,500-core minimum requirement, which rendered hundreds of smaller CSPs ineligible. Collect screenshots, PDFs, and correspondence that show the original program terms, the announcement of its termination, and the new eligibility criteria. Note any statements that suggest the change targets small-to-medium-sized businesses. This documentation will form the backbone of your complaint.
Step 2: Quantify the Impact on Competition
To convince regulators that the program change harms competition, you need concrete numbers. For example, before Broadcom’s acquisition, VMware had over 4,000 CSP partners. After the changes, the vendor reportedly had only 19 CSP partners in the US and about nine in the United Kingdom. Compile similar statistics for your industry: count how many partners were eliminated, how many remain, and the percentage reduction. Also, estimate the market share of the vendor in the relevant product categories (e.g., virtualization software) to establish dominance. If your vendor holds a dominant position, the elimination of a partner program can be seen as an abuse of that dominance under EU law.
Step 3: Identify the Legal Basis for Your Complaint
Under EU competition law, the European Commission can investigate practices that restrict competition. The VMware CSP complaint likely alleges an abuse of dominance under Article 102 TFEU, because Broadcom/VMware holds a strong market position in virtualization and used that leverage to unfairly exclude competitors through the partner program changes. Work with legal counsel to frame your complaint around one or more of these legal theories:
- Abuse of dominant position (Article 102) – e.g., refusing to supply, margin squeeze, or discriminatory terms.
- Anti-competitive agreements (Article 101) – if the vendor coordinated with large partners to exclude smaller ones.
- Unfair trading conditions – if the new program imposes unreasonable requirements that only large partners can meet.
Step 4: Form or Join a Trade Association to Amplify Your Voice
Individual companies may lack resources, but a collective effort carries more weight. In the VMware case, a trade association of cloud service providers filed the complaint. Identify existing industry groups that represent CSPs, virtualization partners, or cloud service providers. If none exist, consider forming an ad hoc coalition. A unified complaint with multiple signatories demonstrates widespread harm and increases the likelihood of the EC prioritizing the case. Associations can also pool funds for legal fees and expert economic reports.
Step 5: Prepare and Submit a Formal Antitrust Complaint to the European Commission
The European Commission accepts complaints via its online portal or by post. You must include:
- Your identity and contact details.
- A clear description of the anticompetitive behavior (the program elimination, minimum core requirement, etc.).
- Evidence supporting each claim.
- An explanation of how this affects trade between EU member states.
- A request for specific remedies (e.g., reinstatement of the partner program, financial penalties, or behavioral commitments).
Submit the complaint electronically to the Directorate-General for Competition (DG COMP). Keep a copy and a timestamp confirmation. The EC may ask for additional information, so be prepared to respond promptly.
Step 6: Engage in Dialogue with the EC and Monitor Progress
After filing, the EC will open a preliminary investigation. They may request further data, hold hearings, or issue a statement of objections to the vendor. Stay involved by designating a point person to communicate with case handlers. You can also submit supplementary evidence as the case develops. In the VMware CSP situation, the trade association likely continues to provide updates on partner numbers and market impact. Monitor public announcements and court decisions if the case escalates. The process can take months or years, so persistence is key.
Step 7: Prepare for Possible Outcomes and Next Steps
The EC may decide to:
- Open a formal investigation and ultimately order the vendor to reinstate the program or cease anticompetitive practices.
- Reject the complaint if it finds insufficient evidence or no EU dimension.
- Accept commitments from the vendor (e.g., modify the program to allow more partners).
If the EC rejects or takes too long, you can appeal to the General Court of the European Union. Consult your legal team to decide whether to pursue further remedies. Meanwhile, continue building alternative business models—relying on only one vendor’s partner program can be risky.
Tips for Success
- Start early: Antitrust complaints take time. Begin documentation as soon as you learn of a program change.
- Collaborate with peers: A single voice is weaker than a chorus. Reach out to other affected CSPs through LinkedIn, industry forums, or trade shows.
- Focus on consumer harm: EU regulators care about how reduced competition hurts end users (higher prices, fewer choices, lower innovation). Emphasize that the program cuts harm small businesses and their customers.
- Be precise with data: Use concrete numbers (partner counts, revenue losses, core thresholds) rather than vague statements.
- Leverage media attention: News coverage, like The Register’s February 2024 report, can pressure the vendor and sway public opinion. Offer journalists access to your evidence.
- Consider interim measures: If the damage is immediate and irreversible, ask the EC to order provisional measures—like temporarily suspending the program changes—while the investigation proceeds.
- Stay compliant: While challenging the vendor, avoid any actions that could be seen as anti-competitive themselves (e.g., boycotts or price-fixing among complainants).
By following these steps, you can effectively challenge a vendor’s unilateral partner program termination and seek redress through the European Union’s competition framework. The VMware CSP case serves as a powerful precedent that collective action and robust legal arguments can force regulators to scrutinize even the largest tech companies.