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Financial Times (London, England)
June 29, 2016 Wednesday USA Edition 1
US settlement closes latest chapter in saga of VW's diesel emissions scandal; Even after latest $10bn deal the carmaker faces probes that could lead to more fines
BYLINE: Patrick McGee in Frankfurt
SECTION: COMPANIES; Pg. 17
LENGTH: 1091 words
The latest chapter in the Volkswagen diesel emissions scandal ends with a cliffhanger.
Yesterday Europe's largest carmaker agreed with US authorities to pay up to $10.03bn to buy back or fix almost half a million cars equipped with software to cheat during official emissions tests.
VW has also agreed to pay a $2.7bn fine to environmental authorities for excess pollution, invest $2bn in green vehicle technology and offer $603m to 44 US states and two other territories to resolve legal claims.
But the settlement reached in the US where regulators uncovered the VW scandal is not the end of the story, warn analysts. "This is a major win and a step in the right direction, but the fat lady is not warming her vocals," says Mike Tyndall at Citigroup.
In April VW set aside EUR16.2bn to pay for the costs of the affair, prompting the German company to report the biggest annual loss in its history for 2015. A big risk is that VW has to increase this number, although it says there are no plans to do so.
If US owners of cars made by VW group accept the terms of the deal, that will settle a classaction lawsuit relating to 475,000 2litre diesel vehicles that were fitted with illegal defeat devices to understate emissions of harmful nitrogen oxides in official tests.
But VW still faces civil and criminal investigations in the US and elsewhere that could lead to fines, and is under pressure in the EU to pay compensation to owners of cars.
The US Department of Justice said the settlement only "partially" resolved claims under the country's clean air act, and the deal has no bearing on the civil lawsuit it filed against VW in January.
Nor does the settlement include 85,000 3litre diesel vehicles that were also fitted with defeat devices.
"While this announcement is an important step forward, let me be clear: it is by no means the last," said deputy attorneygeneral Sally Yates yesterday. "We will continue to follow the facts wherever they go."
In Europe, where 8.5m VW group cars were fitted with defeat devices, a risk for the company is that the US settlement is used as a precedent to demand similar treatment.
Elzbieta Bienkowska, the EU commissioner responsible for industry, has called for "comparable" compensation to the US for European owners of VW cars fitted with defeat devices to restore customer trust.
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In the US affected car owners will be given a minimum of $5,100 each in compensation by VW. If that were applied to the affected cars in Europe, VW would have an additional bill of $43bn.
But that figure is not considered realistic by analysts.
"There is no way [VW] would agree to anything approaching that figure," says Stephen Reitman, an analyst at Société Générale.
VW has argued that the US settlement is unique, because limits on NOx emissions are tougher in the US than in the EU.
As a result of the EU's less onerous rules, fixing VW's European cars affected by the scandal is straightforward compared with doing so in the US. VW has already received German regulatory approval to remedy 3.7m cars in Europe.
Moreover, VW is under limited pressure as far as a consumer backlash is concerned following the scandal.
From January to May, the 12brand group that includes VW and Audi delivered 4.2m cars worldwide, 0.8 per cent higher than in the same period last year. In Europe deliveries rose 3.7 per cent.
Mr Tyndall says he is confident the EUR16.2bn that VW has set aside will cover all scandalrelated costs.
However, he admits there are big uncertainties: "They've done a mea culpa in the US the rest of the world is open to debate."
He points out hedge funds are still trying to recover billions of euros in losses from Porsche, arising from market manipulation allegations first made in late 2008. The case has long weighed on the stock of VW, which owns Porsche.
Mr Tyndall's worry is not that VW's scandal costs will escalate per se, but that the affair "could drag on and on and on" like the Porsche case. Analysts at BNP Exane Paribas estimate that VW's scandal related costs could be as high as EUR23.7bn.
This calculation includes EUR2bn of civil fines and EUR2.5bn of criminal penalties in the US, plus EUR5bn of costs in Europe, split evenly between legal claims and efforts to restore trust with car owners by fixing cars and paying compensation.
A VW insider admits the company's EUR16.2bn provision only "partially" covers civil and criminal fines in the US and does not include legal claims in Europe. He adds that the company cannot be more precise because it does not know what these costs will be.
Chief among the factors that could put a cap on VW's costs is this: the $10.03bn set aside to buy back or fix cars in the US affected by the scandal assumes that 100 per cent of eligible owners sell their vehicles at their secondhand price immediately before the scandal breaking in September last year.
One person familiar with the matter estimates that up to 90 per cent of customers could choose to have their vehicle fixed, rather than bought back.
If the owner of an Audi with a September 2015 value of $44,000 accepts a fix, plus a $10,000 compensation payment, VW saves tens of thousands of dollars.
Multiply that by hundreds of thousands of cars and VW's bill drops "many billions lower", says this person. "You do the math."
Key question
Who started the cheating?
The settlement reached with US authorities does not answer one of the most obvious questions arising from the Volkswagen diesel emissions scandal: who authorised equipping up to 11m VW cars with "defeat devices" to cheat in official tests?
The answer is not likely to be known until later this year, when Jones Day, the US law firm hired by the German carmaker to investigate the affair, is due to release its final report.
Jones Day is reporting directly to the US Department of Justice, which sued Volkswagen for "concealing facts" and engaging in "affirmative misrepresentations", when regulators were investigating the scandal.
That civil case brought by the justice department is distinct from yesterday's settlement and could involve fines against VW. An interim report by Jones Day had been expected in April, but VW cancelled it.
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Public prosecutors last week launched a probe into Martin Winterkorn , who stepped down as chief executive after the scandal broke, and Herbert Diess , head of the core VW car brand, on suspicion of possible market manipulation.
On the matter of which VW employees started the cheating, or who allowed it to go on, few details have been disclosed. At least 26 VW employees are being investigated.
See Lex
LOADDATE: June 28, 2016
LANGUAGE: ENGLISH
PUBLICATIONTYPE: Newspaper
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