Title page
Contents
I. Introduction and Methodology 2
II. Factual Background 2
A. Initial Discussions about the Automakers' Agreement in July 2019 2
B. Drafting and Review of the Preliminary Research Memorandum 3
C. ENRD Involvement and Communications 5
D. References to a Potential Meeting with DOT and EPA (That Ultimately Did Not Happen) 8
E. President Trump Tweets About the Automakers' Agreement 9
F. Conversion of the Research Memorandum into a Preliminary Investigation (PI) Memorandum 9
G. Testimony Concerning the Basis for the Decision to Open a PI 10
H. Career Antitrust Division Staff Express Concerns about the Decision 12
I. Antitrust Staff Meets with Automakers, Issues a Civil Investigative Demand (CID), and Subsequently Closes Its PI 13
J. The EPA-DOT September 6, 2019 Letter to California 14
III. Conclusion 15