Case Study: Automotive Class Action

Key issues

Our automotive client faced multiple class actions and associated enforcement proceedings by the ACCC arising from admissions made in the United States about the presence of technology in its vehicles which enabled them to meet emissions limits, but which operated differently when on the road.

The class action sought damages on behalf of Australian vehicle owners and the enforcement proceedings significant fines.

Our solution

The litigation was defended for nearly four years. When settlement became feasible, we negotiated a settlement of both the class action and the enforcement proceedings which met satisfactorily resolved our client’s Australian exposure.

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.