The French Competition Council defines relevant product market and assesses dominance on an application for preliminary ruling from the Paris district Court (Luk Lamellen/Valeo)

In January 2005, the Paris district court (Tribunal de grande instance de Paris (TGI)) rejected a patent enforcement action of LuK Lamellen und Kupplungsbau (LuK) , a dual-mass flywheel (DMF) producer, against one of its direct competitors, Valéo. In a contingent counterclaim, Valéo alleged that LuK had abused its dominant position by devising a fraudulent patenting policy, by disparaging its competitors and through the introduction of frivolous lawsuits. Taking into account the fact that LuK uses broad and offensive patenting policies and systematically deploys wide-ranging litigation strategies in order to hamper the actions of its competitors, the TGI agreed with Valéo as to the frivolous nature of the lawsuit of LuK ; it decided, however, that any abuse of dominance issue may be

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Authors

  • Freshfields Bruckhaus Deringer (Paris)
  • US Federal Trade Commission (FTC)

Quotation

Jérôme Philippe, Ivan Gurov, The French Competition Council defines relevant product market and assesses dominance on an application for preliminary ruling from the Paris district Court (Luk Lamellen/Valeo), 9 November 2005, e-Competitions Bulletin November 2005, Art. N° 538

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