Antitrust Law Daily Wrap Up, WORTH NOTING—Other Antitrust and Trade Regulation developments, (May 1, 2015)

A periodic roundup of other items of interest to the Antitrust and Trade Regulation community:

ANTITRUST NEWS: On April 30, the court in the ongoing case of Avaya v. Continuant (f/k/a, Telecom Labs), now in its tenth year, struck Continuant’s most recent supplementary attorney fee application, stating that it could not allow “an endless loop of fee supplements and oppositions” that would inevitably lead to more of the same and delay a decision on the fee application at hand. The court did indicate that it might grant leave for a supplementary fee application once it rendered its decision on Continuant’s initial fee application. In 2014, a jury had found that Avaya—a manufacturer, seller, and servicer of private branch exchange systems or “PBX” systems—unlawfully attempted to monopolize the post-warranty maintenance market for Avaya-brand PBX systems. With trebling and pre-judgment interest, the verdict against Avaya reached $62.6 million.

ANTITRUST NEWS: A Cooperation Arrangement has been announced between Australia’s Competition and Consumer Commission (ACCC) and Japan’s Fair Trade Commission (JFTC). The Cooperation Arrangement builds upon the Japan-Australia Economic Partnership Agreement, which commenced on January 15, 2015. “This is the first time the JFTC has concluded an agreement that will enable the JFTC to share confidential information without getting a waiver,” ACCC Chairman Rod Sims said. The agreement paves the way for increased cooperation and investigative assistance between the agencies on competition matters that affect Australian or Japanese markets, particularly global mergers and cartels, Sims indicated (ACCC release MR 71/15).

News: Antitrust