Saturday, 3 June 2017

Arkema seeks FRAND access in second antitrust complaint against Honeywell


Arkema has launched a complaint to the European Commission against Honeywell in an attempt to gain fair, reasonable and non-discriminatory terms of access to the latter’s patents.  The complaint is the latest development in a series of attempts by Arkema to challenge Honeywell’s allegedly anti-competitive practices in relation to the standardisation of patents for “1234f” an eco-friendly auto air conditioning refrigerant used in the car industry.
The Commission is already investigating Honeywell and Chemours on suspicion that their agreement to produce “1234f” may have limited supplies available to the market and impeded technical development contrary to Article 101 TFEU.
Arkema’s fresh complaint alleges that there are grounds for the Commission to pursue an abuse of dominance investigation.  It believes that the complaint is pressing and maintains that the car industry is moving to worldwide use of 1234f. Arkema says that it wants to participate in the 1234f market with its own production technology and is seeking access to Honeywell’s patents in order to contribute to a competitive market.

The Commission would not be in a position to pursue the abuse of dominance complaint without issuing a further statement of objections as its current one, issued in 2014, covers only the allegedly restrictive agreement.

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