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Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases

In the past, if an automaker did something wrong, they were usually prosecuted by the US government through something called the TREAD Act. Short for Transportation Recall Enhancement, Accountability and Documentation Act, it basically requires automakers to report recalls in other countries, along with any and all serious injuries or deaths, to the National Highway Traffic Safety Administration.
Failing to report or attempting to conceal anything when there's been a death or serious injury constitutes a criminal liability. The idea is that this setup puts the onus on manufacturers to keep NHTSA apprised of safety related issues before they become a problem in the US, thereby allowing the regulator to better protect consumers.
In theory, it sounds like a relatively airtight set of rules for dealing with misbehaving automakers. That didn't stop the US Department of Justice from ignoring TREAD in its prosecution of Toyota's handling of the unintended acceleration recall, though. The result of this new approach, which charged Toyota with wire fraud, was a $1.2 billion settlement. Now, the wire-fraud approach could be used for the expected case between the US government and General Motors, based on the statements of Attorney General Eric Holder, who specifically mentioned "similarly situated companies" when discussing Toyota.

Volkswagen could outsell GM in China for the first time in nine years

As of the end of November, Volkswagen had sold 70,000 more cars than General Motors in China in 2013, making it appear inevitable that VW will outsell GM there. The feat would return the German brand to the top of chart in China for the first time in nine years, but even the second-place getter won't be complaining too loudly: both automakers sold more than three million vehicles in a market pegged to hit 16 million sales this year.
Volkswagen said it could have sold more cars if it had had more production capacity in China. The arrival of a new-to-China Audi A4, a China-built A3 sedan, the VW Bora and Skoda Octavia, as well as an $18.2-billion-euro investment in the country to construct new factories, means VW should see its numbers grow in 2014. GM's lineup is expanding next year, too, adding four Chevrolet nameplates and two vehicles to its Baojun brand as it tries to get to five million in sales by 2015.
Among other automakers, Ford benefited from good product and woes for Japanese automakers over a territorial dispute with China, outselling Toyota by almost 32,000 units through the end of November. The Ford Focus is China's best-selling vehicle so far this year.

Toyota officially outsells GM, VW through first three quarters

When it comes to global vehicle deliveries, the term "Big Three" doesn't apply to Ford, Chrysler and General Motors, but instead Toyota, GM and Volkswagen - in that order - through the third quarter of 2013. Toyota sold 7.41-million vehicles through the third quarter and is on track to deliver more vehicles this year than GM and VW, which sold 7.25-million and 7.03-million, respectively, through the same period, Bloomberg reports.
During the third quarter, from July to September, Toyota's 2.5-million deliveries helped to push it higher than its closest competitors this year. In that period, GM delivered 2.4-million vehicles while VW posted 2.33-million deliveries.
Part of the reason behind Toyota's and other Japanese automakers resurgence globally is the weakened yen, which can be attributed to policies made by Prime Minister Shinzo Abe since he took office in December 2012. Many refer to those monetary easing policies as 'Abenomics,' which has led some, such as Ford, to call Japan a currency manipulator and is a big reason why the US is lobbying to oppose Japan's entry into the Trans-Pacific Partnership (TPP).