VW says US authorities tainted process by airing emissions claims
by Agency Staff,
2016-03-08 05:50:52.0
FRANKFURT — Embattled German car maker Volkswagen (VW) believed it could clear up emissions-cheating allegations with US authorities amicably and was caught off guard by them going public instead, a company document showed on Monday.
"The public announcement of the diesel issue by the EPA (US Environment Protection Agency) … came as a surprise for the VW management," according to the company’s response to a lawsuit by German shareholders.
A copy of the 113-page document, which offers an update on the facts compiled so far in VW’s own investigation into the global scandal, was obtained by AFP. It was drawn up by its lawyers as an initial statement of defence against accusations that it deliberately withheld market-sensitive information from investors.
VW, a former paragon of German industry with ambitions to become the world’s biggest car maker, has been plunged into crisis by disclosures that it installed emissions-cheating software into 11-million diesel engines.
On top of still-unquantifiable regulatory fines in several countries, VW is facing a slew of legal suits, notably in the US and Germany, from angry car owners, as well as from shareholders seeking damages for the huge loss in the value of their shares.
They accuse VW of violating capital market disclosure rules, saying the car maker knew about the irregularities long before the scandal broke, and should have informed shareholders much earlier, because they must have known it would affect the share price.
But according to the document, VW insists that the German shareholder lawsuits are "without merit" and that until "the violation of US environmental regulations was announced" on September 18, "there were no indications whatsoever of information with relevance for the stock price".
US authorities had never unilaterally decided to go public with similar accusations against other car makers, VW argued. Even when allegations of potential violations of the US Clean Air Act had been made, normally a solution was found with the US authorities behind closed doors, it said.
"In the past, even in the case of so-called defeat device infringements, a settlement was reached with other car makers involving a manageable fine, without the breach being made public," VW argued. "Volkswagen of America had the impression on the basis of constructive talks with the EPA that the diesel issue would not be made public unilaterally, but that negotiations would continue," the document stated.
In September last year, negotiations between VW’s US subsidiary and the US authorities had already been going on for more than a year.
AFP
On top of still-unquantifiable regulatory fines in several countries, VW is facing a slew of legal suits. Picture: REUTERS
FRANKFURT — Embattled German car maker Volkswagen (VW) believed it could clear up emissions-cheating allegations with US authorities amicably and was caught off guard by them going public instead, a company document showed on Monday.
"The public announcement of the diesel issue by the EPA (US Environment Protection Agency) … came as a surprise for the VW management," according to the company’s response to a lawsuit by German shareholders.
A copy of the 113-page document, which offers an update on the facts compiled so far in VW’s own investigation into the global scandal, was obtained by AFP. It was drawn up by its lawyers as an initial statement of defence against accusations that it deliberately withheld market-sensitive information from investors.
VW, a former paragon of German industry with ambitions to become the world’s biggest car maker, has been plunged into crisis by disclosures that it installed emissions-cheating software into 11-million diesel engines.
On top of still-unquantifiable regulatory fines in several countries, VW is facing a slew of legal suits, notably in the US and Germany, from angry car owners, as well as from shareholders seeking damages for the huge loss in the value of their shares.
They accuse VW of violating capital market disclosure rules, saying the car maker knew about the irregularities long before the scandal broke, and should have informed shareholders much earlier, because they must have known it would affect the share price.
But according to the document, VW insists that the German shareholder lawsuits are "without merit" and that until "the violation of US environmental regulations was announced" on September 18, "there were no indications whatsoever of information with relevance for the stock price".
US authorities had never unilaterally decided to go public with similar accusations against other car makers, VW argued. Even when allegations of potential violations of the US Clean Air Act had been made, normally a solution was found with the US authorities behind closed doors, it said.
"In the past, even in the case of so-called defeat device infringements, a settlement was reached with other car makers involving a manageable fine, without the breach being made public," VW argued. "Volkswagen of America had the impression on the basis of constructive talks with the EPA that the diesel issue would not be made public unilaterally, but that negotiations would continue," the document stated.
In September last year, negotiations between VW’s US subsidiary and the US authorities had already been going on for more than a year.
AFP
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