How many other car manufacturers broke the law in this way? We're none of the ones that didn't competitive? What a patently ridiculous argument.
And while this hasn't been public knowledge, it is not that surprising, because it has been public knowledge how much the mileage tests are gamed, so it's not surprising that all other tests are gamed as well (and, specifically, using defeat devices is also illegal).
https://www.theverge.com/2017/7/24/16021292/german-car-compa...