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US prepares to sue Fiat Chrysler over diesel emissions testing

NEW YORK - The Justice Department plans to file a civil lawsuit against Fiat Chrysler Automobiles NV over excess diesel emissions as early as this week if no agreement is reached with the Italian-American automaker, two sources briefed on the matter said on Wednesday. The Environmental Protection Agency in January accused FCA of illegally using undisclosed software to allow excess diesel emissions in about 104,000 cars and SUVs, the result of a probe that stemmed from regulators' investigation of rival Volkswagen AG. The EPA and California Air Resources Board have been in talks with FCA about the excess emissions and whether the agencies would approve the sale of 2017 FCA diesel models. A federal judge in California has set a May 24 hearing on a series of lawsuits filed by owners of vehicles against Fiat Chrysler and the Justice Department is expected to file its action by then if no agreement is reached. FCA said on Wednesday it believed that any litigation would be "counterproductive" to ongoing discussions with the EPA and California Air Resources Board. The company added that "in the case of any litigation, FCA US will defend itself vigorously, particularly against any claims that the company deliberately installed defeat devices to cheat U.S. emissions tests." The Justice Department took the same procedural step in early 2016 against Volkswagen, nearly four months after the German company admitted using software to emit excess diesel emissions in nearly 500,000 vehicles. The Justice Department has had an ongoing criminal investigation into FCA's conduct since last year, Reuters reported in January. The probe has turned up internal emails written in Italian and other documents about engine development and emissions issues, sources briefed on the probe said. U.S. regulators said FCA failed to disclose engine management software in 104,000 U.S. 2014-2016 Jeep Grand Cherokees and Dodge Ram 1500 trucks with 3.0-liter diesel engines. The European Commission has launched legal action against Italy for failing to respond to allegations of emission-test cheating by Fiat Chrysler in a procedure that could lead to the country being taken to court. The EPA has said the maximum possible fine against FCA could be $4.6 billion. In February, FCA said it had received requests for information and subpoenas from U.S. federal and state authorities, including the Securities and Exchange Commission, for diesel issues.

Marchionne recruiting activist investors to prompt GM merger

Sergio Marchionne may have been rebuffed in his previous advances at General Motors, but he's not about to give up that easily. According to The Wall Street Journal, the Fiat Chrysler chief is now turning to activist investors to help coax GM into joining forces. Marchionne has been a staunch and ceaseless advocate of the need for consolidation, arguing that the industry needs to amalgamate into larger groups that will share resources and reduce overhead. Under his leadership, the Fiat group consolidated its own operations, and officially merged with Chrysler last year. But he's also been pursuing additional mergers with the likes of Volkswagen, Peugeot, Ford, and Opel (to name just a few). Now he's pursuing a merger with GM, which has not shown much enthusiasm towards the idea. For one thing, GM is a much larger company, and probably doesn't need FCA as much as FCA needs it. For another, it has a troubled past with Marchionne, who in 2005 dissolved an agreed merger (of sorts) with GM, yet still managed to get the General to pay Fiat some $2 billion in the process. However, Marchionne is evidently hoping that the intervention of activist investors could compel GM CEO Mary Barra and company to proceed with a merger anyway. For precedent, he's looking at the recent negotiation between GM and some of its stakeholders that prompted the company to buy back $5 billion of its own shares, demonstrating Barra's willingness to deal with investors. The more compelling precedent, however, may have been set in 2006, when activist investor Kirk Kerkorian locked arms with Carlos Ghosn to get GM to consider joining the alliance between Renault and Nissan. GM ultimately declined, and Ghosn turned instead of Daimler (which of course has its own history of having merged with Chrysler). Only time will tell if this initiative will prove more successful, but one thing's for sure, and that's that Marchionne isn't about to relent in his pursuit of a major merger partner.

Why Chrysler made the Pacifica Hybrid

There were a number of important details missing from Chrysler's debut of the Pacifica Hybrid yesterday. Pricing and availability, for example. We still don't know those specifics – Chrysler just says it will all be announced closer to launch – but we spent some time with Kevin Mets, the chief engineer for the Pacifica Hybrid, to learn more about the powertrain and why Chrysler decided to offer this vehicle at this time. "This could be a primary electric vehicle for someone." We started with the big question: why build a plug-in minivan at all? "It brings the ability that if you want an electric vehicle, a hybrid, you don't have to compromise size to get there," Mets said. "For instance just a few minutes ago I was talking to someone from Canada and they were saying in the US it's two vehicles per household is kind of the norm. In Canada it's not that way, it's more like a vehicle or even less than a vehicle. There's a lot of people that want an electrical vehicle in Canada but they can't make it their primary vehicle. This is a vehicle that could be a primary electric vehicle for someone in Canada, or anybody else for that matter, who wants a plug-in vehicle, an electric vehicle that doesn't have to compromise in size." So, was the development of the Pacifica PHEV influenced more by customers saying they wanted a plug-in hybrid minivan or was it driven more by green vehicle regulations? "That's a tough one to answer," Mets said. "Certainly you have to meet all the requirements. There's a little bit of everything there. You also can pick what vehicles you want to do it on. You pick which vehicle is the best opportunity and this is the one we chose. It's a little bit of both." As for when the Pacifica Hybrid will reach dealerships, all we know is, "late 2016." But Mets said that the minivan will at some point be available in all 50 states. Initial availability might be limited to places like California, but, "The idea is to sell it nationwide," he said. Chrysler decided on the "Pacifica Hybrid" name instead of the more-accurate "Pacifica Plug-In Hybrid" for simplicity. Anyone who might care that the minivan plugs in will find out that it, indeed, has a plug, the reasoning goes, but when Chrysler talks to the average mass market shopper, "hybrid" tells them everything they need to know. Under the hood (and the floorboards, where the batteries are) there are a lot of new bits.