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Jaguar Land Rover seeks to block U.S. imports of Porsche, Audi, Lamborghini, VW SUVs

You wouldn’t know it was about Jags and Lambos, to judge by its rather dry name: In the Matter of Certain Vehicle Control Systems. But thatÂ’s the complaint Jaguar Land Rover Automotive Plc filed on Thursday to block U.S. imports of Porsche, Lamborghini, Audi and Volkswagen sport utility vehicles it says are using its patented Terrain Response technology without permission. Jaguar Land Rover, a British carmaker owned by IndiaÂ’s Tata Motors Ltd., said in its filing with the U.S. International Trade Commission that the technology helps negotiate a “broad range of surfaces” and is a key feature in JaguarÂ’s F-Pace and Land Rover Discovery vehicles. “JLR seeks to protect itself and its United States operations from companies that have injected infringing products into the U.S. market that incorporate, without any license from JLR, technology developed by JLR and protected by its patent,” JaguarÂ’s lawyer, Matthew Moore, said in the filing. Representatives of Volkswagen didnÂ’t immediately respond to emails seeking comment on the complaint. Jaguar wants to block imports of PorscheÂ’s Cayenne; LamborghiniÂ’s Urus; AudiÂ’s Q8, Q7, Q5, A6 Allroad and e-tron vehicles; and VWÂ’s Tiguan vehicles. It said there are plenty of other luxury midsize SUV and compact crossover vehicles to meet consumer demand if the SUVs are banned from the U.S. Still, the premium Porsche and Audi lines provide much of the profit VW is using to fund its investments in technology for electric vehicles, autonomous vehicles and further innovations. In addition to the four brands, Volkswagen Group owns other upscale nameplates, including Bentley and Bugatti. The International Trade Commission is an independent, quasi-judicial agency that investigates complaints of unfair trade practices, like patent infringement. It canÂ’t award damages but does have the power to block products from entering the U.S. Owners of patents and trade secrets like it because it can work faster than the federal district courts -- the typical investigation is completed in 15 to 18 months. But Jaguar also filed patent lawsuits against the companies in federal courts in Delaware and New Jersey, seeking cash compensation for the use of the technology. Those cases are likely to be put on hold once the trade commission launches its investigation. The case is In the Matter of Certain Vehicle Control Systems, 337-3508, U.S. International Trade Commission (Washington).

VW air rule violation allegations 'stunning,' $18B fine unlikely

The big automotive news today was the US federal allegations that VW quietly and illegally installed software on approximately 482,000 diesel vehicles sold in the United States so that they would not return substandard results on government emissions tests. To say the least, this is potentially a very big deal. You can read the details of the government's allegations here. The problem seems to be with the NOx trap. Sam Abuelsamid, a former AutoblogGreen editor who is now a senior research analyst at Navigant Research's Transportation Efficiencies program, told me that there were some hints that VW's diesel emissions strategy had issues a while back. The vehicles affected by today's announcement are all equipped with the 2-liter, 4-cylinder TDI, he said. They all have the lean NOx (nitrogen oxides) trap, whereas all other current modern diesels use urea to treat NOx emissions. "When VW launched those vehicles, I went to the TDI launch program in Santa Monica and asked them if they were going to put the diesel engine into the Tiguan because that would be an ideal application," he said. "They said no, because it would be too heavy. Turns out, the NOx trap was enough to meet the emissions standards in the smaller cars, but not the Tiguan. That seems to be where the problem is, in the NOx trap. All the other big VW and Audi diesels, they use urea, just like BMW and Mercedes do." Abuelsamid added that, in California, to do an emissions test, testers don't stick a probe up the exhaust, as you would suspect. Instead, they just do a visual test to make sure nothing was tampered with and then plug a scanner into the OBD-II port to read the codes. The news today basically says that the cars were programmed to send out false codes, giving readings that testers are looking for instead of what's actually going on. "That's the background, as far as I know at this point," he said. This could be "a black eye on the auto industry." - John O'Dell Speaking at the AltCar Expo in Santa Monica just hours after the news first broke this morning, Edmunds.com's John O'Dell said the Fed's allegations were "stunning." The idea that VW might have gamed the system, he said, "underscores how important EPA clean air numbers are, that a company would allegedly stoop to this to try and meet them. Obviously, people are paying attention to that sort of thing.

The UK votes for Brexit and it will impact automakers

It's the first morning after the United Kingdom voted for what's become known as Brexit – that is, to leave the European Union and its tariff-free internal market. Now begins a two-year process in which the UK will have to negotiate with the rest of the EU trading bloc, which is its largest export market, about many things. One of them may be tariffs, and that could severely impact any automaker that builds cars in the UK. This doesn't just mean companies that you think of as British, like Mini and Jaguar. Both of those automakers are owned by foreign companies, incidentally. Mini and Rolls-Royce are owned by BMW, Jaguar and Land Rover by Tata Motors of India, and Bentley by the VW Group. Many other automakers produce cars in the UK for sale within that country and also export to the EU. Tariffs could damage the profits of each of these companies, and perhaps cause them to shift manufacturing out of the UK, significantly damaging the country's resurgent manufacturing industry. Autonews Europe dug up some interesting numbers on that last point. Nissan, the country's second-largest auto producer, builds 475k or so cars in the UK but the vast majority are sent abroad. Toyota built 190k cars last year in Britain, of which 75 percent went to the EU and just 10 percent were sold in the country. Investors are skittish at the news. The value of the pound sterling has plummeted by 8 percent as of this writing, at one point yesterday reaching levels not seen since 1985. Shares at Tata Motors, which counts Jaguar and Land Rover as bright jewels in its portfolio, were off by nearly 12 percent according to Autonews Europe. So what happens next? No one's terribly sure, although the feeling seems to be that the jilted EU will impost tariffs of up to 10 percent on UK exports. It's likely that the UK will reciprocate, and thus it'll be more expensive to buy a European-made car in the UK. Both situations will likely negatively affect the country, as both production of new cars and sales to UK consumers will both fall. Evercore Automotive Research figures the combined damage will be roughly $9b in lost profits to automakers, and an as-of-yet unquantified impact on auto production jobs. Perhaps the EU's leaders in Brussels will be in a better mood in two years, and the process won't devolve into a trade war. In the immediate wake of the Brexit vote, though, the mood is grim, the EU leadership is angry, and investors are spooked.