VW defeats parts supplier's $750 mln antitrust lawsuit in US court
By Mike Scarcella
July 11 (Reuters) -A U.S. judge in Texas on Thursday dismissed a $750 million lawsuit that accused Volkswagen VOWG_p.DE of unfair business practices, the latest ruling in a long clash between the German vehicle maker and automotive parts supplier Prevent USA.
Chief U.S. District Judge Rodney Gilstrap in Marshall, Texas, upheld a report from a magistrate judge who had recommended in June that the case concerned mainly overseas conduct and did not belong in U.S. court. Gilstrap did not rule on the merits of the underlying claims.
Germany-based Prevent Group and its U.S. affiliate alleged Volkswagen tried to block them from acquiring other parts companies, allowing the automaker to maintain its power over its suppliers.
Volkswagen, which has denied the claims, said in a statement on Thursday that it welcomed the decision. It said Prevent has "spent more than seven years losing one case after another on its claims against Volkswagen."
Attorneys for Prevent did not immediately respond to a request for comment on the U.S. ruling.
Volkswagen had argued that Prevent’s case belonged in Germany because the allegations are based there and mirror ones pending in that country since 2016.
“The vast majority of witnesses (who speak German) and documents (written in German) are located in Germany,” Volkswagen told the U.S. court in December.
Prevent countered that there was no burden on Volkswagen to litigate in Texas, since records in the case are electronic and located throughout the world, including in the United States.
In his report, U.S. Magistrate Judge Roy Payne said it was “clear that the nexus of this action is German activity, and any U.S. activity would be similar and a subpart of the German activity."
The case is Prevent U.S.A. Corp v Volkswagen AG, U.S. District Court, Eastern District of Texas, No. 2:22-cv-00506-JRG-RSP.
For Prevent: Samuel Baxter of McKool Smith
For VW: Sharon Nelles of Sullivan & Cromwell
Reporting by Mike Scarcella
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