There’s more controversy brewing between the two international leaders in the solar tracker space.
According to Array, NEXTracker and parent company Flex are working to undermine the verification of its technology from separate certification firms TÃœV Rheinland PTL and DNV GL.
“Defendants have used threats against those technology firms to suppress conclusions beneficial to Array and its own technologies,” reads the lawsuit, filed in the district court of Northern California.
Array said it filed the lawsuit to prevent and stop what it sees as poor behavior that could impact third party analysis.
“We stand behind the integrity of these independent engineer firms, and we’d love to allow the facts speak clearly for themselves,” stated an Array spokesperson. “When you’re suppressing independent scientific information it is really…putting an ugly spin on what ought to be an increasing and fantastic resource for us as a global community.”
NEXTracker known as the legal challenge”frivolous,” in an announcement to Greentech Media.
Allegations of interference
The trouble started back in September 2017, according to the suit, only before Solar Power International, the industry’s largest conference in North America that is held annually each fall.
Array, the No. 2 worldwide tracker company, was highlighting the results of a TÃœV report which revealed the tracker technology that utilizes”had a significantly lower chance of catastrophic failure, had reduced operation and maintenance expenses and consequently had a greater net present value” than other system layouts.
Upon its launch, the report garnered criticism from NEXTracker.
“In our opinion the initial report failed fundamental criteria of objectivity and thoroughness typical of independent engineer reports,” NEXTracker said in a statement to GTM.
After NEXTracker voiced the concerns to TÃœV executives, the company retracted the report and put it under inspection.
NEXTracker affirms the firm contacted TÃœV using its concerns, but it denies any interference in Array’s connection with DNV GL.
Market share at stake
The two NEXTracker and Array declined to comment on if they plan to settle the case or see it through lawsuit. It is not the first time both companies have sparred: NEXTracker took legal action to terminate the promotion of their TÃœV report also in 2017 Array sued a former employee and NEXTracker over alleged violations of a non-compete arrangement.
Though each firm asserts that its position at the most recent lawsuit is intended to defend objectivity and third-party evaluation, market share can be at stake.
“In terms of protecting their market share, businesses have obtained or are willing to take dramatic action,” stated Lindsay Cherry, a solar analyst at Wood Mackenzie Power & Renewables who specializes in balance-of-system components.
About 21 percent of solar installations from 2018 used trackers, a technology that moves panels at time with the sun. According to Cherry, trackers are more common in markets with high system costs, very good incentives and high sun exposure. In the U.S., for instance, 70 percent of installments at 2018 used trackers and WoodMac predictions that number will climb to 76 percent from the end of the year.
Although NEXTracker retains the majority of global market share among tracker vendors, 30 percent to Array’s 12 percent in 2018, both opponents are much closer in major tracker niches such as the U.S. and Australia.
Array picked up market share this past year from the U.S., increasing from 28 percent to 31 percent. NEXTracker’s share dropped from 58 percent in 2017 to 48% in 2018. In Australia, however, NEXTracker claimed 44% of this market last year and bumped Array in the chief place.
Tracker technology face-off
The 2 companies rely on different technologies, a fundamental point of anxiety from the squabble. While Array employs a connected row system with a single motor and controller to rotate a number of layers of solar panels, NEXTracker’s system employs separate motors and controllers for each row.
NEXTracker finds fault with claims which Array’s system is superior.
“There are a variety of approaches to monitor the sun,” said NEXTracker in a declaration. “The solar business gains from varied solutions from qualified businesses.”
But Array says its latest stand isn’t about technology. Instead it is on behalf of independent third-party analysis — that happens to emphasize”the excellence of the tracker architecture Array uses.”
“That is the crux of this: We should all be free to go outside and conduct independent investigation and then promote those claims in the business,” explained Array. “It’s incredibly important to utilize unbiased third party analysis to. . .better [not only] our merchandise, but also the industry as a whole”
The company didn’t specify its own hopes for relief besides an injunction forbidding NEXTracker from contacting DNV GL regarding the coming report and lawyer fees and costs. In the lawsuit Array also notes that its arrangement with TÃœV exceeded $75,000.
