Swan Solutions Ltd / Avaya ECS Ltd

No. 6/04/2001

Oftel has considered a complaint from Swan Solutions Ltd concerning the actions of Avaya ECS Limited in respect of interfaces connected to the Avaya Index Private Branch Exchange (PBx). The case involves an alleged breach of the Chapter II prohibition by Avaya and an alleged breach of the Chapter I prohibition in relation to an agreement between Avaya and a number of computer software developers. Swan designs and supplies software for Computer Telephony Integration (CTI). CTI is the means by which computer systems and telephone systems interact and Swan's CTI software requires the interface in order to connect to the Avaya PBx. Swan claimed that Avaya's pricing structure for the Interface was anti-competitive.

Oftel has examined various possible relevant markets, and the position of Avaya and other suppliers within them. Oftel has found that Avaya does not hold a dominant position in any relevant market for the purposes of this complaint, and that the relevant provisions of the agreement in question do not have an appreciable effect on competition. Accordingly Oftel has concluded that the matters alleged do not infringe either the Chapter I prohibition or the Chapter II prohibition.

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