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The Ministry of Justice has opened an antitrust investigation into the four major carmakers that have reached an agreement with California this year to reduce car emissions, according to sources close to the case, compounding the standoff between President Trump, from California, and the auto industry. the most important setbacks in climate regulation.
The Trump administration is on the verge of drastically reducing the rules of the Obama era aimed at reducing emissions from cars that contribute to global warming, an effort that major automakers have publicly opposed. The administration is also considering a plan to revoke California's legal authority to enforce stricter greenhouse gas emission regulations within its state's borders, putting both parties on the way of the collision.
In July, four automakers – Ford Motor Company, Volkswagen of America, Honda and BMW – announced that they had reached an agreement with California allowing them to meet slightly less stringent standards than the rules of the industry. Obama era, which would nevertheless require the fuel-efficient builders of their vehicles. The announcement was a source of embarrassment for the Trump administration, who called it "P.R. cascade."
The Justice Department is now investigating whether the four automakers violated federal antitrust laws by entering into a side agreement to comply with California's stricter rules, said the people. The Ministry of Justice declined to comment on the investigation, which was initially reported by the Wall Street Journal.
Leading lawyers from the Environmental Protection Agency and the Department of Transportation sent Friday a letter to Mary Nichols, California's highest authority in the field of air quality, in which she states: "The purpose of this letter is to warn California." incompatible with federal law. "
Legal experts and people close to the Trump administration said the investigation was meant to be a show of force for companies that have displeased the president.
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"Antitrust laws give the government a lot of power to threaten companies with anti-fraud charges, and they will use it and use it," said Myron Ebell, who heads the energy program of the Competitive Enterprise Institute, a funded research organization and who led the transition of the administration to the EPA "It's really the threat that counts. In many cases, this is a shot to the front to catch the attention companies. "
Richard Revesz, professor of environmental law at New York University, said that he considered the case as an unprecedented attempt to use the Department of Justice to intimidate or punish companies that had angered the president.
Mr. Revesz pointed out that a Justice Department investigation into the agreement was atypical because the agreement between California and the automakers was, up to now, largely part of an agreement in principle that has not yet been signed or legalized.
"It is extremely unusual for a prosecutor to investigate an agreement that has not even been signed," said Revesz.
"Four car manufacturers are opposed to something the president wants to do", Mr. Revesz said. "Now, the federal government's tremendous prosecutorial power is exercised against them. This should make the big companies very nervous.
The survey already seems to have this effect. Another company, Mercedes-Benz, was on the verge of joining the California deal. But after the German government learned that the federal government had opened an investigation into the other signatory companies, it warned Mercedes not to participate, according to an informed person who spoke anonymously about it because of the negotiations.
Under this agreement, the four automakers, which represent about 30 percent of the US auto market, would be required to achieve an average fuel economy of 51 mpg by 2026, a somewhat more flexible level than 54.5 miles per gallon. from here 2025, presented by the Obama administration.
In comparison, the Trump Administration's plan would reduce these standards to about 37 miles per gallon.
Honda, Ford and BMW confirmed that they had been contacted about it by the Department of Justice and indicated that they were cooperating. Volkswagen declined to comment.
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