Text settings Story text Size Small Standard Large Width * Standard Wide Links Standard Orange * Subscribers only Learn more Minimize to nav Tesco, a retail conglomerate headquartered in the United Kingdom, is moving 40,000 server workloads off of VMware amid “abusive conduct” from Broadcom, recent legal filings claim.
Tesco filed a lawsuit in the UK’s High Court against Broadcom alleging breach of contract last year. According to a September report from The Register, the lawsuit claimed that in January 2021, Tesco bought perpetual licenses for VMware’s vSphere Foundation and Cloud Foundation, a subscription to VMware Tanzu, plus support services until 2026, with the option to extend support for four additional years.
But when Broadcom took over VMware in November 2023, it would not honor the deal and instead tried to get Tesco to pay “excessive and inflated prices for virtualization software for which Tesco has already paid” and would not allow it to buy support services for its perpetually licensed software without buying “duplicative subscription-based licenses for those same Software products,” the initial complaint read, The Register reported at the time.
Tesco, which reported 73.7 billion pounds (about $98.7 billion) in revenue in its fiscal year 2026, has since started migrating away from VMware and Broadcom’s mainframe products, according to late-May court filings reported on by The Register today.
In January, Broadcom stopped supporting Tesco’s VMware products, Tesco said, and Tesco has been paying for third-party support since. In its initial filing, Tesco also said that Broadcom refused to upgrade software or provide all security updates to customers without subscriptions.
One of Tesco’s recent filings, per The Register, reads:
Faced with Broadcom’s abusive conduct, and given the criticality of virtualization and mainframe software and services to its business, Tesco has been forced to incur material costs to procure alternative solutions with reduced functionality, and to migrate to that software in a manner, and on a timeframe, that creates very significant risks to its business.
If it works “at exceptional pace,” Tesco will be completely off VMware by the end of 2027 at the earliest. However, “the timeframe in which that migration must be undertaken has created and continues to create operational and commercial risk, and at material ongoing cost and disruption to the business,” Tesco reportedly noted.
Tesco is also dealing with migration challenges related to data security because its new, unnamed virtualization software is incompatible with the Veeam and Zerto products it uses.
Tesco initially requested at least 100 million pounds (about $133.6 million) in damages each from Broadcom, VMware, and reseller Computacenter, plus interest.
In its recent filings, Tesco said it turned down at least four offers from Broadcom to continue using VMware and Broadcom’s mainframe tech. One offer charged $23.5 million (about 17.6 million pounds) for VMware Cloud Foundation 9.0 and mainframe software and support services for a year, The Register reported. Tesco said that was “around 175 percent” more expensive than what it believes it should have had to pay for VMware and a 350 percent price hike for the mainframe offerings. The prices were “manifestly unfair and excessive,” one of Tesco’s filings said, according to The Register.
In an amended defense, Broadcom denied that the price hike was unfair, The Register reported. Additionally, Broadcom argued that it shouldn’t have to pay damages in relation to Tesco struggling to find VMware and Broadcom alternatives before Tesco’s support expired, as the retail firm has since found replacement products.
The case is expected to go to court between November 1, 2027, and February 25, 2028, The Register reported. Afterward, it could go to trial.
Although the companies will continue their dispute in UK courts, the disagreement mirrors frustrations that VMware customers and partners around the world have expressed since Broadcom bought VMware. With users often being heavily dependent on VMware products, many have delayed or avoided migration or are only moving some workloads, due to complications around cost, time, support, and compatibility.
Still, virtualization rivals, like Hewlett Packard Enterprise and Nutanix, have been making aggressive pushes to attract disgruntled VMware users.
Simultaneously, Broadcom has stuck to its VMware strategy and has reported financial success, especially among its target of large enterprises. It has also dealt with other public legal disputes with large customers, including AT&T, with which it reached an undisclosed settlement, and Siemens, which Broadcom accused of software pirating in an ongoing case in the US District Court for the District of Delaware.
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