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Kayaba, Sumitomo to pay millions for price-fixing in US

Kayaba Industry Co, which does business in the US as suspension parts maker KYB, and Sumitomo Electric Industries are facing payments in the millions to settle price-fixing cases about the components that they make. As part of the Department of Justice's ongoing crackdown of price fixing in the auto industry, KYB agreed to pay $62 million and pleaded guilty to conspiracy to set the cost of shock absorbers from the mid '90s through 2012. The company allegedly worked with co-conspirators to keep the cost of the parts high, and those components then made it into vehicles from Honda, Kawasaki, Nissan, Subaru, Suzuki, and Toyota. "Any collusive agreement among competitors to restrict price competition undercuts our free enterprise system and violates the law," said Carter M. Stewart, US Attorney of the Southern District of Ohio, in the DoJ's announcement. Over the past few years, the DoJ has brought cases against 37 parts suppliers and 55 executives, leading to over $2.6 billion in fines. The investigations haven't always been so successful – some of the Japanese execs fled from the US to avoid prosecution. Critics allege that price fixing is simply how business is done. According to Automotive News, Sumitomo Electric Industries is also facing a $50 million settlement in a civil lawsuit that's related to price fixing of parts like wiring harnesses and heater control panels. The plaintiffs include owners and dealers that purchased vehicles with these parts. The company asserts that the violations are from before 2010, and it now has different process in place to avoid further violations. KYB Agrees to Plead Guilty and Pay $62 Million Criminal Fine for Fixing Price of Shock Absorbers Kayaba Industry Co. Ltd., dba KYB Corporation (KYB) has agreed to plead guilty and to pay a $62 million criminal fine for its role in a conspiracy to fix the price of shock absorbers installed in cars and motorcycles sold to U.S. consumers. According to charges filed today, KYB conspired from the mid-1990s until 2012 to fix the prices of shock absorbers sold to Fuji Heavy Industries Ltd. (manufacturer of Subaru vehicles), Honda Motor Co. Ltd., Kawasaki Heavy Industries Ltd., Nissan Motor Company Ltd., Suzuki Motor Corporation and Toyota Motor Company, including their subsidiaries in the United States.

Nissan should kill the Quest and bring the Mitsubishi Delica D:5 to America

Enthusiasts don't have much reason to get excited about minivans. But if there were something cool to revitalize interest in the segment, I think American consumers would take notice. A quick browse through Mitsubishi's current catalog of global offerings turned up something interesting, and, now that Nissan has brought the diamond-star into its multi-headed global alliance, the Japanese automaker has a unique opportunity to throw caution to the wind and give America something fun. First, let's acknowledge that the Nissan Quest is a completely reasonable and current minivan entry. But it's not exactly a hot seller. The Quest was the seventh-best-selling minivan in the United States last month. The people-hauler's 209 sales in September of 2016 represent a 68-percent decline over the previous year. Granted, the Quest was trending upward for the year prior to last month's drop, but even the Quest's best full year of sales would just manage to match the number of Toyota Siennas or Chrysler Pacificas sold in a decent month. Put simply, the American market wouldn't miss the Nissan Quest if it were to disappear from dealership lots altogether. I don't think the Nissan Quest is a bad vehicle. The problem is that it's just like every other minivan sold in America. Nothing about the Quest stands out against its competitors, which basically makes it a redundant vehicle with no solid reason to exist. What Nissan really needs, in my humble opinion, is a minivan that stands out from the crowd. I offer the following solution: Bring the Mitsubishi Delica D:5 to the United States. Badge it as a Nissan to take advantage of that brand's larger dealer network; even call it the Quest Q:5 if you must. But don't change much else. I have a feeling Americans would show some interest in an eight-passenger, all-wheel-drive, multi-purpose vehicle like the Delica that's about the same overall length as the Nissan Rogue. As an added incentive to capture as many buyers as possible, offer both the 2.4-liter gasoline engine and the 2.2-liter four-cylinder turbodiesel that are available in other markets. Since the Delica D:5 is based on the same GS platform as the Dodge Journey, it could probably accommodate a Pentastar V6, too, but that doesn't really seem necessary. Instead of being a powerhouse, the Delica should be about fun and efficiency, with an adventurous off-road streak.

Carlos Ghosn was on verge of release — so prosecutors file new allegation

TOKYO — Japanese prosecutors added a new allegation of breach of trust against Nissan's former chairman Carlos Ghosn on Friday, dashing his hopes for posting bail quickly. Ghosn and another former Nissan executive, Greg Kelly, were arrested Nov. 19 and charged with underreporting Ghosn's income by about 5 billion yen ($44 million) in 2011-2015. They also face the prospect of more charges of underreporting Ghosn's income for other years by nearly 10 billion ($80 million) in total. The breach of trust allegations were filed a day after a court rejected prosecutors' request for a longer detention of both men. The new allegation only applies to Ghosn, and Kelly could still be bailed out. A request for bail by Kelly's lawyer is pending court approval, according to the Tokyo District Court, but his release will have to wait until next week since the request was still in process after office hours Friday. Prosecutors in a statement Friday alleged that Ghosn in 2008 transferred a private investment loss worth more than 1.8 billion yen ($16 million) to Nissan by manipulating an unspecified "swap" contract. Ghosn also profited by having the company transfer a total of $14.7 million to another company to benefit himself and that company's owner, who helped in the contract manipulation, prosecutors said. Shin Kukimoto, deputy chief prosecutor at the Tokyo District Prosecutors Office, refuse to say if the two transactions were related or how Ghosn illegally profited. He also declined to identify the collaborator or whether the transactions were made overseas. Ghosn and Kelly are only charged with underreporting Ghosn's pay over five years, in violation of the Financial Instruments and Exchange Act. They have not been formally charged with an additional allegation of underreporting another 4 billion yen ($36 million) for 2016-2018, for which their first 10-day detention was to expire Thursday. Prosecutors have been criticized for separating the allegations as a tactic to detain Ghosn and Kelly longer. They say Ghosn and Kelly are flight risks. The maximum penalty for violating the financial act is up to 10 years in prison, a 10 million yen ($89,000) fine, or both. Breach of trust also carries a similar maximum penalty. The conviction rate in Japan is more than 99 percent for any crime. Ghosn was sent by Renault in 1999 to turn around Nissan, then on the verge of bankruptcy, and he led its rise to become the world's second-largest automaker.