S 204 ISCommentsClose CommentsPermalink

To amend the Sherman Act to make oil-producing and exporting cartels illegal.CommentsClose CommentsPermalink

January 12, 2009CommentsClose CommentsPermalink

Mr. KOHL (for himself, Mr. BROWN, Mr. SPECTER, Mr. LEAHY, Mr. GRASSLEY, Mr. FEINGOLD, Ms. SNOWE, Mr. SCHUMER, Mr. DURBIN, Mr. LEVIN, and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend the Sherman Act to make oil-producing and exporting cartels illegal.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘No Oil Producing and Exporting Cartels Act of 2009’ or ‘NOPEC’.CommentsClose CommentsPermalink

SEC. 2. SHERMAN ACT.

The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding after section 7 the following:CommentsClose CommentsPermalink

‘SEC. 7A. OIL PRODUCING CARTELS.

‘(a) In General- It shall be illegal and a violation of this Act for any foreign state, or any instrumentality or agent of any foreign state, to act collectively or in combination with any other foreign state, any instrumentality or agent of any other foreign state, or any other person, whether by cartel or any other association or form of cooperation or joint action--CommentsClose CommentsPermalink





‘(1) to limit the production or distribution of oil, natural gas, or any other petroleum product;CommentsClose CommentsPermalink





‘(2) to set or maintain the price of oil, natural gas, or any petroleum product; orCommentsClose CommentsPermalink





‘(3) to otherwise take any action in restraint of trade for oil, natural gas, or any petroleum product;CommentsClose CommentsPermalink





when such action, combination, or collective action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of oil, natural gas, or other petroleum product in the United States.CommentsClose CommentsPermalink





‘(b) Sovereign Immunity- A foreign state engaged in conduct in violation of subsection (a) shall not be immune under the doctrine of sovereign immunity from the jurisdiction or judgments of the courts of the United States in any action brought to enforce this section.CommentsClose CommentsPermalink





‘(c) Inapplicability of Act of State Doctrine- No court of the United States shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this section.CommentsClose CommentsPermalink





‘(d) Enforcement- The Attorney General of the United States may bring an action to enforce this section in any district court of the United States as provided under the antitrust laws.’.CommentsClose CommentsPermalink

SEC. 3. SOVEREIGN IMMUNITY.

Section 1605(a) of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (6), by striking ‘or’ after the semicolon;CommentsClose CommentsPermalink





(2) in paragraph (7), by striking the period and inserting ‘; or’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(8) in which the action is brought under section 7A of the Sherman Act.’.CommentsClose CommentsPermalink