On May 8, 2012, ALJ Thomas B. Pender issued Order No. 9 in Certain Automotive GPS Navigation Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-814).
In the Order, ALJ Pender granted a motion filed by Complainant Beacon Navigation GmbH (“Beacon”) to terminate the investigation in its entirety based on its withdrawal of the complaint and amended complaint against all respondents. According to the Order, the Commission Investigative Staff filed a response in support of the motion to terminate. However, certain Respondents, including Suzuki, Mercedes-Benz, Ford, Chrysler, Nissan, Honda, General Motors, Mazda, Jaguar, Toyota, Volvo, Hyundai, Kia and BMW filed a response indicating that they did not oppose the motion to terminate, but requested that it not be granted until these respondents investigate whether Beacon violated Rule 210.21(a)(9)(iii) (relating generally to the termination of investigations) and/or Rule 210.4(c) (relating generally to written submissions, representations and sanctions). The Order further indicated that Respondents Audi and Volkswagen filed a response indicating that they did not oppose Beacon’s motion to terminate.
According to the Order, ALJ Pender determined that since Beacon filed its motion to terminate prior to the start of the evidentiary hearing (and while the investigation was still in the discovery phase), termination of the investigation will be readily granted absent extraordinary circumstances. Specifically, ALJ Pender determined that Beacon’s motion comported with the Commission’s Rules and there was no evidence of extraordinary circumstances that would justify denying the motion. ALJ Pender therefore granted Beacon’s motion to terminate the investigation in its entirety.