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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.

The VW emissions carnage assessment with an upside

Bombs cause destruction. Even if they're intelligently guided and pinpoint, there's always collateral damage. The strange Volkswagen brew, which is still spontaneously combusting in plain sight, will result in aftershocks for years. And the professional end of the corporation's top leadership will not be the only casualties. Blows are striking shareholder confidence, the residual value of the cars involved, consumer confidence, and the German economy itself. A hard rain's going to fall elsewhere, too. Here are just four damage assessment areas. The High-Compression Past and Low-Compassion Future of Diesels Despite European and especially German manufacturers' high belief that diesel engines were a way to light-duty automotive salvation, VW's scandal started the last nail in the fuel's coffin. Regulations both in the U.S. and in Europe for particulates and nitrogen oxide (NOx) are getting much harder to meet, and this is at the very core of VW's deception. Even with the high-cost exhaust after-treatment systems, sky-high fuel pressure, and sophisticated electronics, the inescapable NOx realities won't be washable by technology in an affordable way. German engineering pride will have to work a real miracle to meet these looming regs and the stain of VW's scandal did the whole diesel movement no favors. Perhaps not so ironically, the E.U. adopted more stringent emission standards this year, which closely mimic the U.S. Tier 2, Bin 5 figures phased in for 2008. Indeed, when VW announced it was able to meet the stringent US NOx emissions standards in 2009 for its diesel engines without urea injection as an exhaust after-treatment, it was a particularly high point of engineering pride for the company. No other manufacturer had figured out how to do so. One Honda official at the time remarked that they had simply no idea how VW was achieving this feat and Honda couldn't come close. Well, neither could VW. On a macro scale, European cities are also starting to face government fines for air quality violations. This is forcing those cities to find various ways to cut smog-related causes like tailpipe emissions. In fact, Paris has gone to the length of restricting car use on a sliding scale when smog persists, while electric cars are free to roam. France's longer and larger plan is banning diesel fuel for light-duty transportation entirely. But why was there a frothy focus by the European manufacturers on diesels in the first place?

America was the unexpected theme at the 2017 Detroit Auto Show thanks to Trump

President-elect Donald Trump was not in attendance at this year's Detroit Auto Show, but it sure seemed like he was the target audience for many of the press conferences and announcements surrounding the event. Several manufacturers chose to play up existing and future commitments to the US in general and American jobs specifically in their presentations to the press, and we're pretty sure that has everything to do with Trump's recent targeting of automakers on Twitter. To us, it seemed automakers were going on the offensive to try and preempt any future tweet-shaming for investing in auto manufacturing anywhere but the US. The pro-America sentiment started the week prior to the auto show, with Ford announcing that it would build several future electrified vehicles at its Flat Rock Assembly Plant in Michigan and also cancel a $1.6 billion factory planned for Mexico. Ford announced the two items on the same day, but the reality is that they likely have no relation to each other; the Mexican plant is being skipped because the company doesn't need the extra capacity to build the Ford Focus right now. Trump was still happy to share the news on Twitter. Then, on Sunday, FCA announced it would invest $1 billion in manufacturing plants in Ohio and Michigan to produce the new Jeep Wagoneer, Grand Wagoneer, and Wrangler-based pickup. It's not as though those potential new jobs were on their way out of the US, necessarily, but FCA took the opportunity to mention that plant upgrades at the Warren Truck Plant would allow the company to build Ram heavy duty trucks, which are currently assembled in Mexico, there. CEO Sergio Marchionne confirmed that Trump and his proposed tariffs had nothing to do with the decision. We certainly believe that, but we also have to believe that the timing of the release, positive outcome for America, and zero gain for Mexico were all orchestrated. Again, Trump sent out a victory tweet as if this had been his doing. Ford then used its press conference at the show on Monday to reiterate the plans for Flat Rock and also confirm that the Ford Bronco and Ranger nameplates will be returning to the US market, and that both will be built at a plant in Michigan. Announcements of manufacturing locations are usually aimed at the UAW, which certainly has a stake in these things, but again this one was broadcast to the auto show crowd in general.