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2 Wayne St. U.J. Bus. L. 1 (2019)

handle is hein.journals/wsujbl2 and id is 1 raw text is: AUTO INDUSTRY COMPLIANCE: WILL THE TONE AT THE ToP GO TONE DEAF IN THE WAKE OF DEREGULATION? Susan Diehl and Monica Batsford * INTRODUCTION Over the past decade, corporate executives have focused attention on building robust compliance programs that both deter wrongdoing and enhance reputation. The automotive industry has been particularly focused on compliance, following its heavily publicized compliance breaches, especially over the past decade. First, there were the recall debacles by the Original Equipment Manufacturers (OEMs).1 The recalls involving General Motors Company (GM), Toyota Motor Corporation (Toyota), Takata Corporation (Takata) and Volkswagen Group (VW) were notable, not just because of the safety issues that impacted consumers,2 but rather because these companies covered up those safety issues for years, which ultimately led to significant fines from the Department of Justice (DOJ).3 Next came the automotive suppliers' compliance breaches where, between 2012 and 2017, the DOJ's Antitrust Division (DOJ-AD) reached deals with or prosecuted over forty-eight corporate automotive supplier defendants and sixty-five individuals as part of a global price fixing investigation.4 The DOJ has collected more than $2.9 billion in criminal fines against such defendants,5 many of who are still involved in multi-district civil litigation in the Eastern District of Michigan. To date, the defendants' * Ms. Diehl is a partner at Trinitas Advisors where she helps businesses and their leaders and teams align for success. She was formerly the General Counsel of both a Japanese automotive supplier and building materials company, both of whom were subject to DOJ investigations; she is also currently Part-Time Faculty at Wayne State University Law School. Ms. Batsford is a recent Wayne State University Law School alumna, past Publication Editor of the Wayne State University Journal of Business Law, and is currently employed as an associate attorney at Saurbier Law Firm, P.C. 1 STOUT Risius Ross, INC., ROAD MAP FOR A NEW ERA, AUTOMOTIVE WARRANTY & RECALL REPORT 4 (2015), https://www.autosafety.org/sites/default/files/imce stafftuploads/RECALLS.STOUT_.RIS IUS.2015AutomotiveWarrantyRecallReport.pdf. 2 The 5 Deadliest Defects in History, AUTOINSURANCE.ORG (2018), https://www.autoinsurance.org/5-deadliest-vehicle-defects/. 3 STOUT RiSiuS ROSS, INC., supra n.1, at 5. 4 MORGAN, LEWIS & BOCKIUS LLP, 2017 MID-YEAR GLOBAL CARTEL ENFORCEMENT REPORT 27 (2017), https://www.morganlewis.com/documents/m/documents/cartel/2017- mid-year-cartel-report-july2017.pdf. 5 Id. 1

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