This case involves two companies that were selling energy conversion kits. One company filed for a Certification of Conformity through the EPA and waited until it had received the certification before selling its product. The other company sold the kits without the certification. The company obtaining the Certification alleged that they were put at a competitive disadvantage because the competitor did not follow the certification process, and thus were able to enter and establish themselves in the market before they could. They also alleged this certification is a requirement by the EPA in order to sell these products, rather than a guideline. The defendant was selling the conversion kits as individual parts to individual consumers, and not to manufacturers who then take these kits, applies it to their engine products and then resells the whole unit.
