I think Foster is saying that $75 million is the appropriate penalty if VW demonstrates contrition and it can only demonstrate contrition by making admissions.
I also agree that the ACCC should not be accepting a no admission settlement. It seems pretty clear VW is trying to buy its way out of having to say sorry to Australian consumers.
Interestingly, as VW has not made any admissions (yet) it is not a case of them saying that they will withdraw their admissions if the judge does not agree to signing off on the $75 million penalty.
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