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GM seeks appeals court ruling to continue legal fight with Fiat Chrysler

DETROIT — General Motors on Friday asked a U.S. appeals court to allow it to continue pursuing its civil racketeering suit against rival Fiat Chrysler Automobiles, rejecting a lower court judge's belittling of the complaint. The automaker's filing with the Sixth Circuit Court of Appeals comes less than a week after U.S. District Court Judge Paul Borman called GM's suit against Fiat Chrysler a "waste of time and resources" at a time when both automakers should be focused on surviving the coronavirus pandemic. Borman ordered GM Chief Executive Mary Barra and Fiat Chrysler CEO Mike Manley to meet by July 1 to negotiate a resolution. "As we have said from the date this lawsuit was filed, it is meritless," FCA said on Friday. "FCA will continue to defend itself vigorously and pursue all available remedies in response to GM's groundless lawsuit. We stand ready to comply with Judge Borman's order," it added. In its motion, GM asked the appeals court to throw out Borman's order and reassign the case to a different district court judge. It called Borman's order "unprecedented" and "a profound abuse" of judicial power. GM sued Fiat Chrysler last year, accusing the Italian-American company's executives of bribing United Auto Workers union officials to secure labor agreements that put GM at a disadvantage. Fiat Chrysler is under investigation by the U.S. Justice Department as part of a wide-ranging probe of UAW corruption. GM's accusations came as Fiat Chrysler and French automaker Peugeot were in the early stages of preparing for a merger. Fiat Chrysler has said the suit was aimed at disrupting that deal. GM has said the suit has nothing to do with the merger. In a statement, GM rejected Borman's characterization of the suit as a "distraction" and defended its decision to press the case. "We filed a lawsuit against FCA for the same reason the U.S. Department of Justice continues to investigate the company: former FCA executives admitted they conspired to use bribes to gain labor benefits, concessions and advantages. Based on the direct harm to GM these actions caused, we believe FCA must be held accountable." Related Video: Government/Legal UAW/Unions Chrysler Fiat GM

Fiat Chrysler to pay $40 million fine for inflating sales numbers

DETROIT — Fiat Chrysler is paying $40 million to settle with U.S. securities regulators who say the automaker misled investors by overstating its monthly sales numbers over a five-year period. The Italian-American company inflated sales by paying dealers to report fake numbers from 2012 to 2016, the U.S. Securities and Exchange Commission alleged in a complaint. Fiat Chrysler agreed to pay the civil penalty and to stop violating anti-fraud, reporting and internal accounting control regulations, the SEC said Friday in a statement. The automaker did not admit or deny the agency's allegations, the statement said. "This case underscores the need for companies to truthfully disclose their key performance indicators," Antonia Chion, associate director in the SEC's Enforcement Division, said in the statement. She noted that the new vehicle sales figures give investors insight into the demand for an automaker's products, a key to assessing the company's performance. Fiat Chrysler said it has reviewed and refined its sales reporting procedures. It said the payment will not have a large impact on its financial statements. The agency said the automaker boasted about a streak of year-over-year sales increases into 2016, when the streak actually was broken in September of 2013. When the company disclosed the sales scheme in 2016, it said that it had a "reserve" stock of cars that had been shipped to big fleet buyers such as rental car companies but not recorded as sales. The SEC said employees called this database of actual but unreported sales the "cookie jar." The company dipped into those sales to stop the streak from ending, or when it would have missed other sales targets. Fiat Chrysler said it now records sales as soon as vehicles are shipped to customers. It has also take steps to ensure that a sale is immediately subtracted from its books when it finds out the deal was scuttled because the buyer backed out or couldn't get financing. The SEC probe is another in a long string of legal troubles for Fiat Chrysler. It also faces federal investigations into illegal payments to union officials through a training center, and a criminal probe into allegations that its diesel-powered trucks were programmed to cheat on emissions tests. The company has denied cheating, but federal prosecutors charged an engineer earlier this week and said he conspired with others. In June, Fiat Chrysler's U.S.

Audi gets Q2 and Q4 badges in trademark swap with FCA

Audi has swapped trademarks with Fiat Chrysler Automobiles to snare the rights to the Q2 and Q4 badges for upcoming crossover SUVs. Audi CEO Rupert Stadler confirmed at the Detroit Motor Show that the automaker had finally persuaded FCA to release the two names that would let Audi lock up the Q1 to Q9 badges for its growing SUV family. Audi already plans to drop the Q2 name onto its MQB-based city crossover five-door this year, while the Q4 badge will slot onto the rump of a coupe-like version of the next Q3. It will also reserve the Q1 badge for a 2018 baby crossover, based around the architecture of the next A1 hatch. The A1 will share a lot of its engineering with Volkswagen's Polo-based soft-roader, dubbed T-Cross in concept form. The German company has also pounced on the naming rights for SQ versions of all of its Q-cars, along with F-Tron to cover the day when it pushes hydrogen fuel cell cars into production. Stadler insisted that no money had changed hands in order to pry the two badges off FCA, admitting that they had "each found something we needed." "We promised each other we wouldn't disclose what it cost, but it was not something they were willing to sell," Stadler said. "We tried to get it years ago and they said 'No, never,' but there is never 'never' in business. ... This year I went back to them with a proposal and we talked and there were some negotiations and then we agreed to it." Those negotiations are believed to have centered on a trademark swap with a Volkswagen Group name that FCA desperately (evidently) wants to use on a Fiat, Alfa Romeo, Chrysler, Dodge or Maserati. Asked if Audi had given FCA a trademark in return for Q2 and Q4, Stadler replied, "Something very much like that, yes." Audi has used Italian names on past concept cars that FCA could be interested in, such as the 2001 Avantissimo concept and the 2003 Nuvolari coupe. The latter was named after legendary pre-war racer Tazio, who won grands prix for both Alfa Romeo and Audi's forerunner, Auto Union. Both are unlikely trade chips, with laws in Europe preventing the trademarking of the names of actual people. There is always "quattro" (Italian for "four"), but after investing nearly four decades locking it in as an Audi all-wheel-drive name, it's just not anything like trade bait.