Continuant Wins Legal Victory Against Avaya: 'We're One Step Closer to Fair Competition'

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Thu Sep 4, 2008 11:29am EDT

Continuant Wins Legal Victory Against Avaya: 'We're One Step Closer to Fair
Competition'

TRENTON, N.J., Sept. 4 /PRNewswire/ -- In a ruling that could pave the way
for increased competition in the market for service and maintenance of Avaya
telecom equipment, U.S. District Court Judge Garrett E. Brown, Jr. has upheld
certain of the claims of Pacific Northwest-based Continuant contending that
Avaya, Inc. violates U.S. antitrust law in its business practices by stifling
competition for maintenance and service of Avaya's telephone systems.
    Continuant maintains that Avaya has illegally attempted to prevent
purchasers of Avaya equipment from choosing anyone other than Avaya or its
"authorized" BusinessPartners to perform post-warranty maintenance.  The
Court's ruling allows Continuant to move forward with proving its claims that
Avaya has violated the Sherman Act by monopolizing the market for
post-warranty maintenance of Avaya telephone systems and conspiring with its
BusinessPartners to harm competition in that market.
    Continuant said it was extremely pleased with the 37-page ruling -- which
rejected Avaya's motion to dismiss Continuant's monopolization and conspiracy
claims -- because it moves the company one step closer to its goal of bringing
competition to the voice and data service marketplace.  "The Court's ruling
is, plain and simple, a victory for competition," said Bruce Shelby, Vice
President of Sales for Continuant.  "We look forward to presenting our
antitrust claims to a jury."
    Shelby said, "We have argued all along that Avaya's practice of trying to
eliminate competition, despite their inferior and expensive service,
constitutes monopolistic behavior.  We are pleased that the Court agrees with
us about the validity of our antitrust claims against Avaya."
    "Customers should have the ability to choose their maintenance and service
provider," Shelby said.  "We are confident a jury will see things the same
way."
    For more information on Continuant, visit http://www.continuant.com
The case is Avaya Inc. v. Telecom Labs Inc., case number 06-cv-02490, in the
U.S. District Court for the District of New Jersey.
SOURCE  Continuant

Jeanne McKnight, +1-206-963-6478, jmcknight@mcknightpr.com, for Continuant
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