NJ Avaya Ruling Reminds Us That Kodak Is Alive And Well

Law360, New York (May 19, 2014, 1:24 PM EDT) -- On March 27, 2014, a New Jersey federal jury found that Avaya Inc., a leading manufacturer of enterprise telephone systems, violated the federal antitrust laws by trying to eliminate competition from independent services providers (“ISPs”) for maintenance of its systems.[1] The verdict confirms that potential antitrust liability for conduct affecting the aftermarket for service and maintenance of a single brand of products — established in the U.S. Supreme Court’s 1992 Kodak decision[2] but long thought to be an outlier in United States antitrust jurisprudence — is alive and well.

In Kodak, the court held for the first time that independent providers...

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