II 

118TH CONGRESS 

1ST SESSION S. 678 

To amend the Sherman Act to make oil-producing and exporting cartels 

illegal. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2023 

Mr. GRASSLEY (for himself, Ms. KLOBUCHAR, Mr. LEE, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Sherman Act to make oil-producing and 

exporting cartels illegal. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Oil Producing and 

5 Exporting Cartels Act of 2023’’ or ‘‘NOPEC’’. 

6 SEC. 2. SHERMAN ACT. 

7 The Sherman Act (15 U.S.C. 1 et seq.) is amended 

8 by adding after section 7 the following: 


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1 ‘‘SEC. 7A. OIL PRODUCING CARTELS. 

2 ‘‘(a) IN GENERAL.—It shall be illegal and a violation 

3 of this Act for any foreign state, or any instrumentality 

4 or agent of any foreign state, to act collectively or in com5 bination with any other foreign state, any instrumentality 

6 or agent of any other foreign state, or any other person, 

7 whether by cartel or any other association or form of co8 operation or joint action— 

9 ‘‘(1) to limit the production or distribution of 

10 oil, natural gas, or any other petroleum product; 

11 ‘‘(2) to set or maintain the price of oil, natural 

12 gas, or any petroleum product; or 

13 ‘‘(3) to otherwise take any action in restraint of 

14 trade for oil, natural gas, or any petroleum product, 

15 when such action, combination, or collective action has a 

16 direct, substantial, and reasonably foreseeable effect on 

17 the market, supply, price, or distribution of oil, natural 

18 gas, or other petroleum product in the United States. 

19 ‘‘(b) INAPPLICABILITY OF DEFENSES.—No court of 

20 the United States shall decline, based on the act of state, 

21 foreign sovereign compulsion, or political question doctrine 

22 to make a determination on the merits in an action 

23 brought under this section. 

24 ‘‘(c) ENFORCEMENT.—The Attorney General of the 

25 United States shall have the sole authority to bring an 

26 action to enforce this section. Any such action shall be 


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1 brought in any district court of the United States as pro2 vided under the antitrust laws.’’. 

3 SEC. 3. NO SOVEREIGN IMMUNITY IN OIL CARTEL CASES. 

4 Title 28, United States Code, is amended— 

5 (1) in section 1605(a)— 

6 (A) in paragraph (5), by striking ‘‘or’’ 

7 after the semicolon; 

8 (B) in paragraph (6), by striking the pe9 riod and inserting ‘‘; or’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(7) in which the action is brought under sec12 tion 7A of the Sherman Act.’’; and 

13 (2) in section 1610(a)— 

14 (A) in paragraph (7) by striking the period 

15 at the end and inserting ‘‘, or’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(8) the judgment relates to a claim that is 

18 brought under section 7A of the Sherman Act.’’. 

19 SEC. 4. SEVERABILITY. 

20 If any provision of this Act (or of an amendment 

21 made by this Act) is held invalid, the remainder of this 

22 Act (or of the amendment) shall not be affected thereby. 

Æ 


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