II 

Calendar No. 26 

112TH CONGRESS 

1ST SESSION S. 394 

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

illegal. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2011 

Mr. KOHL (for himself, Mr. GRASSLEY, Mr. LEAHY, Ms. SNOWE, Mr. DURBIN, Mr. SCHUMER, Mr. LAUTENBERG, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

APRIL 7 (legislative day, APRIL 5), 2011 

Reported by Mr. LEAHY, without amendment 

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 2011’’ or ‘‘NOPEC’’. 


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S 394 RS

1 SEC. 2. SHERMAN ACT. 

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

3 by adding after section 7 the following: 

4 ‘‘SEC. 7A. OIL PRODUCING CARTELS. 

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

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

7 or agent of any foreign state, to act collectively or in com8 bination with any other foreign state, any instrumentality 

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

10 whether by cartel or any other association or form of co11 operation or joint action— 

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

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

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

15 gas, or any petroleum product; or 

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

17 trade for oil, natural gas, or any petroleum product; 

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

19 direct, substantial, and reasonably foreseeable effect on 

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

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

22 ‘‘(b) SOVEREIGN IMMUNITY.—A foreign state en23 gaged in conduct in violation of subsection (a) shall not 

24 be immune under the doctrine of sovereign immunity from 

25 the jurisdiction or judgments of the courts of the United 

26 States in any action brought to enforce this section. 


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S 394 RS

1 ‘‘(c) INAPPLICABILITY OF ACT OF STATE DOC2 TRINE.—No court of the United States shall decline, 

3 based on the act of state doctrine, to make a determina4 tion on the merits in an action brought under this section. 

5 ‘‘(d) ENFORCEMENT.— 

6 ‘‘(1) IN GENERAL.—The Attorney General of 

7 the United States may bring an action to enforce 

8 this section in any district court of the United 

9 States as provided under the antitrust laws. 

10 ‘‘(2) NO PRIVATE RIGHT OF ACTION.—No pri11 vate right of action is authorized under this sec12 tion.’’. 

13 SEC. 3. SOVEREIGN IMMUNITY. 

14 Section 1605(a) of title 28, United States Code, is 

15 amended— 

16 (1) in paragraph (6), by striking ‘‘or’’ after the 

17 semicolon; 

18 (2) in paragraph (7), by striking the period and 

19 inserting ‘‘; or’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(8) in which the action is brought under sec22 tion 7A of the Sherman Act.’’. 


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Calendar No. 26 

112TH CONGRESS 

1ST SESSION S. 394 

A BILL 

To amend the Sherman Act to make oil-producing 

and exporting cartels illegal. 

APRIL 7 (legislative day, APRIL 5), 2011 

Reported without amendment 


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