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. 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 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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