II 

110TH CONGRESS 

2D SESSION S. 3081 

To establish a Petroleum Industry Antitrust Task Force within the 

Department of Justice. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2008 

Mr. KERRY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To establish a Petroleum Industry Antitrust Task Force 

within the Department of Justice. 

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

3 SECTION 1. ESTABLISHMENT OF DEPARTMENT OF JUSTICE 

4 PETROLEUM INDUSTRY ANTITRUST TASK 

5 FORCE. 

6 (a) ESTABLISHMENT OF TASK FORCE.—The Attor7 ney General shall establish in the Department of Justice 

8 a Petroleum Industry Antitrust Task Force (in this sec9 tion referred to as the ‘‘Task Force’’). 


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1 (b) RESPONSIBILITIES OF TASK FORCE.—The Task 

2 Force shall have the responsibility for— 

3 (1) developing, coordinating, and facilitating 

4 the implementation of the investigative and enforce5 ment policies of the Department of Justice relating 

6 to petroleum industry antitrust issues under Federal 

7 law; 

8 (2) consulting with, and requesting assistance 

9 from, other Federal departments and agencies, as 

10 may be appropriate; and 

11 (3) preparing and submitting to the Congress 

12 an annual report that— 

13 (A) describes all investigatory and enforce14 ment efforts of the Department of Justice relat15 ing to petroleum industry antitrust issues; and 

16 (B) addresses the issues described in sub17 section (c). 

18 (c) ISSUES TO BE EXAMINED BY TASK FORCE.—The 

19 Task Force shall examine all issues relating to the applica20 tion of Federal antitrust laws to the market for petroleum 

21 and petroleum products, including— 

22 (1) the existence and effects of any price 

23 gouging in sales of gasoline; 

24 (2) the existence and effects of any inter25 national oil cartels; 


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1 (3) the existence and effects of any collusive be2 havior in controlling or restricting petroleum refin3 ery capacity; 

4 (4) the existence and effects of any anticompeti5 tive price discrimination by petroleum refiners or 

6 other wholesalers of gasoline to retail sellers of gaso7 line; 

8 (5) the existence and effects of any unilateral 

9 actions, by refiners or other wholesalers of petroleum 

10 products, in the nature of withholding supply or oth11 erwise refusing to sell petroleum products in order 

12 to inflate the price of such products above competi13 tive levels; 

14 (6) the existence and effects of any anticompeti15 tive manipulation in futures markets or other trad16 ing exchanges relating to petroleum or petroleum 

17 products; 

18 (7) the existence and effects of any other anti19 competitive market manipulation activities involving 

20 petroleum or petroleum products; 

21 (8) any other anticompetitive behavior that im22 pacts the price or supply of petroleum or petroleum 

23 products; 

24 (9) the advisability of revising the merger 

25 guidelines issued by the Department of Justice and 


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1 the Federal Trade Commission to appropriately take 

2 into account particular aspects of the petroleum and 

3 petroleum products marketplace; 

4 (10) the advisability of amending the antitrust 

5 laws in light of any competitive problems in the pe6 troleum and petroleum products marketplace identi7 fied as part of the review of the issues described in 

8 paragraphs (1) through (8) that cannot be effec9 tively addressed under such laws as in effect on the 

10 date of enactment of this Act; and 

11 (11) the impact of excessive speculation relating 

12 to petroleum or petroleum products within the com13 modities futures trading market. 

14 (d) DIRECTOR OF TASK FORCE.—The Attorney Gen15 eral shall appoint a Director to head the Task Force. 

16 (e) INITIAL REPORT.—The first report required 

17 under subsection (b)(3) shall be submitted to Congress not 

18 later than December 31, 2008. 

Æ 


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