Racor

Racor “clarif [ied]” some of its claims to GM, among other things explaining the Wix/Champion differences and requesting that GM disregard the gravimetric test.

Archive 2009-05-01 Rebecca Tushnet 2009

Indeed, Racor stated that in previous tests “competitive product failed and leaked fuel, posing a significant safety hazard,” though it later “expanded” on this to say that neither filter leaked during impact testing.

Archive 2009-05-01 Rebecca Tushnet 2009

Champion got a contract with GM to furnish replacement Duramax filters to GM service providers, which Champion initially fulfilled by purchasing Racor filters.

Archive 2009-05-01 Rebecca Tushnet 2009

Nonetheless, GM awarded Racor the aftermarket business “due to unknown validation risks and the past issues we have had on this product [GM] determined that it is too much of a risk to continue with the Champ design.”

Archive 2009-05-01 Rebecca Tushnet 2009

In the face of these further results, Racor persisted in its campaign against Champion, highlighting its long and fruitful relationship with GM and its successful development of a Duramax fuel filter that filtered out contaminates smaller than four microns.

Archive 2009-05-01 Rebecca Tushnet 2009

After Champion stopped buying Racor filters, Racor sought to regain the aftermarket filter business.

Archive 2009-05-01 Rebecca Tushnet 2009

In fact, Champion and Racor filters performed about indistinguishably on the gravimetric tests.

Archive 2009-05-01 Rebecca Tushnet 2009

As the court pointed out, Racor was confusing opinion with factual speculation.

Archive 2009-05-01 Rebecca Tushnet 2009

According to Racor, results allegedly from testing showing “significantly lower efficiency”; claims that the lip seal “almost always … [gets stuck],” “is difficult to remove,” and may “allow the [maintenance] tool to scratch and damage the sealing surface”; claims that the o-ring design created the possibility of leaks; and so on were all illustrating potential problems relating to structural deficiencies.

Archive 2009-05-01 Rebecca Tushnet 2009

The sales team, which was meeting with GM that day, did not heed this caution, and even labeled the test results as head-to-head Champion v. Racor in its presentation.

Archive 2009-05-01 Rebecca Tushnet 2009