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$1.4B hedge fund suit against Porsche dismissed

Investors have canvassed courts in Europe and the US to repeatedly sue Porsche over its failed attempt to take over Volkswagen in 2008 (see here, and here and here), and they have repeatedly failed to win any cases. You can add another big loss to the tally, with Bloomberg reporting that the Stuttgart Regional Court has dismissed a 1.4-billion euro ($1.95B US) lawsuit, the decision explained by the court's assertion that the investors would have lost on their short bets even if Porsche hadn't misled them.
Examining the hedge funds' motives for stock purchases and the bets that VW share prices would fall, judge Carola Wittig said that the funds didn't base their decisions on the key bits of "misinformation," and instead were participating simply in "highly speculative and naked short selling," only to get caught out.
With other cases still pending, the continued streak of victories bodes well for Porsche's courtroom fortunes, since judges will expect new information to consider overturning precedent. If there is any new info, it could come from the potential criminal cases still outstanding against former CEO Wendelin Wiedeking and CFO Holger Härter, who were both indicted on charges of market manipulation.

VW has received several tentative bids for Ducati

Italy's Benetton family is vying with motorbike firms and buyout funds for control of Italian motorcycle brand Ducati, which is being sold by Germany's Volkswagen, sources involved in the process told Reuters. Volkswagen, whose Audi division controls Ducati, has received several tentative bids with the Benetton family's investment vehicle Edizione Holding valuing the Monster motorbike maker at $1.2 billion, one of the sources said. As well as Edizione Holding, U.S. buyout fund Bain Capital, which owns a stake in Ski-Doo snowmobiles maker BRB, and two Indian motorbike firms, Eicher Motors and Bajaj Auto, have also bid for Ducati, the sources said. Indian carmaker Eicher controls Royal Enfield, a motorcycle brand established in 1893 which ranks as one of the oldest. Strategic bidders also include U.S. automotive firm Polaris Industries, which earlier this year said it would wind down its struggling Victory Motorcycle brand. A shortlist of bidders for a second stage of the auction could be selected as soon as Saturday, two of the sources said. Volkswagen adviser Evercore has a long list of bidders including private equity funds such as Ducati's previous owner Investindustrial, CVC Capital Partners, Advent and PAI, all hoping to outbid industry players, the sources said. If it gets to the second round, Edizione Holding could seek to form a consortium with a financial investor, two of the sources said, in a bid to secure control of Ducati, whose racers have won the Superbike world championship 14 times, with Carl Fogarty and Troy Bayliss its most successful riders. Audi, Edizione Holding, Investindustrial, Advent and PAI declined to comment, while the other interested groups were not immediately available for comment. PRICING CHALLENGES For some buyout funds, Ducati's valuation of up to $1.4 billion – which sources said is based on a multiple of more than 10 times its core earnings of roughly 100 million euros – is a tall order as they lack the synergies that some motorbike makers could achieve. But Investindustrial founder Andrea Bonomi, who sold Ducati to Audi for about 860 million euros in 2012, is serious about a comeback, one of the sources said. China's Loncin Motor was among a group of industry players that initially showed interest in Ducati, alongside Harley-Davidson. The latter has, however, decided against making a bid due to Ducati's price tag, while it could not be established if Loncin Motor had carried on bidding.

Angry diesel owners joining lawsuits against Volkswagen [w/video]

Livid at the prospect of losing thousands of dollars from the value of their cars and performance from their diesel engines, many owners of Volkswagens are headed to court. A law firm with a track record of suing automakers has already filed three class-action lawsuits against the German automaker related to its emissions-cheating scandal and says a fourth one is on the way. The lawsuits, filed by national firm Hagens Berman, accuse Volkswagen Group of America of fraudulent concealment, false advertising, and violations of federal and state laws. Plaintiffs in all 50 states have joined the class-action suits, according to the firm. A spokesperson says there has been "an unprecedented response" since the first lawsuit was filed within hours of an announcement from federal regulators last Friday. The lawsuits accuse Volkswagen Group of America of fraudulent concealment, false advertising, and violations of federal and state laws. Diesel owners paid thousands more for their vehicles instead of their gasoline-powered counterparts because Volkswagen's diesel engines ostensibly offered both torque and fuel economy. Now affected car owners are faced with a double-whammy – the value of their cars has diminished with the news and the purported software fix that brings the cars in emissions compliance will likely lower their performance and gas mileage. "Hundreds of thousands of consumers put their trust in VW when they looked to its 'Clean Diesel' line for an efficient, environmentally conscious diesel option," said Steve Berman, managing partner. "But for years, VW cheated the system. Its TDI line of fast but 'good-for-the-environment' cars seemed too good to be true, and they were." In its latest court filing, Hagens Berman lawyers said that car owners believed their vehicles were in compliance with Environmental Protection Agency standards and that the cars would retain their operating characteristics throughout their useful lives. Another firm, Girard Gibbs, has also filed a lawsuit over the diesel deception. "These Volkswagen vehicles should never have been sold, and certainly should not have spent the past six years on American roads polluting our air," said Eric Gibbs, the lead attorney. "Not only does this kind of fraud harm consumers and the environment, it negatively impacts competition, which is what drives our free-market system.