Toronto Star

Another blow for auto-parts supplier Bosch

Fourth time an automaker using company’s software has been accused in court

- RYAN BEENE AND KARTIKAY MEHROTRA BLOOMBERG

Robert Bosch GmbH, the world’s largest auto-parts supplier, was linked to emissions-cheating allegation­s against a fourth automaker on Thursday, raising questions about the German company’s role in the scandal gripping the car industry.

Bosch and General Motors Co. are co-defendants in a lawsuit filed Thursday by owners of diesel-powered pickups who accused the automaker of using illegal software, known as a defeat device, to pass U.S. emissions tests. Bosch “participat­ed not just in the developmen­t of the defeat device, but in the scheme to prevent U.S. regulators from uncovering the device’s true functional­ity,” according to the lawsuit filed in Detroit federal court.

“We believe Bosch was the enabler,” said attorney Steve Berman, a managing partner at Hagens Berman who’s represente­d vehicle owners in lawsuits against all four carmakers and Bosch over diesel cheating. “They provided the software in a format where manufactur­ers and Bosch could work together to calibrate their engines to cheat emissions tests.”

The technology was so sophistica­ted that it could recognize when a car was being tested in a lab or smog station to feign clean emissions and compliance with pollution standards, according to U.S. regulators.

“Bosch takes the allegation­s of manipulati­on of the diesel software very seriously,” the Stuttgart-based parts supplier said in an emailed statement. “Bosch is co-operating with the continuing investigat­ions in various jurisdicti­ons, and is defending its interests in the litigation.”

It’s the fourth time in less than two years that automakers using Bosch’s diesel engine software have been accused in court by regulators or vehicle owners of cheating on emissions tests. On Tuesday, the U.S. Justice Department accused Fiat Chrysler

“Bosch takes the allegation­s of manipulati­on of the diesel software very seriously.” EMAILED STATEMENT FROM BOSCH

Automobile­s NV — which also uses Bosch engine software — of rigging its cars to pass emissions tests.

GM spokespers­on Pat Morrissey said Thursday’s suit is “baseless” and its vehicles comply with environmen­tal standards. Fiat Chrysler said on Tuesday that it “intends to defend itself” in the Justice Department lawsuit and denied any wilful wrongdoing.

Another Bosch user, Volkswagen AG, admitted in 2015 to flouting pollution rules and has committed to spending more than $24.5 billion paying fines and penalties, including buybacks, across North America. Car owners also alleged in a 2016 lawsuit that Daimler AG’s Mercedes-Benz used defeat devices. That lawsuit was thrown out but then amended and refiled in December, adding Bosch as a defendant.

Mercedes-Benz has denied any wrongdoing, but earlier this year suspended seeking certificat­ion for 2017 diesel vehicles citing the “significan­t increase in effort” needed to win approval from the U.S. Environmen­tal Protection Agency.

In each case, the vehicles used Bosch’s EDC-17 control unit, a computer used to regulate the diesel engine’s operation and control emissions, according to the GM lawsuit. That chip is “a good enabler for manufactur­ers to employ defeat devices as it enables the software to detect conditions when emissions controls can be detected,” according to the lawsuit.

“Although this case is not about Volkswagen, Bosch’s history with Volkswagen provides background and support for its participat­ion” in the racketeeri­ng “of which Bosch and GM were participan­ts,” the GM truck owners claimed.

In the VW case, vehicle owners accused Bosch of being “an active participan­t in a massive, decade-long conspiracy with VW,” according to court filings. Bosch didn’t admit wrongdoing but agreed to pay $327.5 million to end the class-action in February.

“After diligently balancing all aspects, we decided to settle in this case,” Bosch chief executive Volkmar Denner said at the time in a statement. “Bosch is in the middle of the biggest transforma­tion of the company’s history. We want to devote all our attention and resources to that change.”

 ?? PEDRO PARDO/AFP/GETTY IMAGES ?? An employee working at a Bosch factory. The company’s EDC-17 control unit has been at the centre of a number of emissions-cheating lawsuits.
PEDRO PARDO/AFP/GETTY IMAGES An employee working at a Bosch factory. The company’s EDC-17 control unit has been at the centre of a number of emissions-cheating lawsuits.

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