SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Oil Consumer Protec-
tion Act of 2011’’. 
TITLE I—APPLICATION OF THE 
SHERMAN ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘No Oil Producing and 
Exporting Cartels Act of 2011’’ or ‘‘NOPEC’’. 
SEC. 102. SHERMAN ACT. 
The Sherman Act (15 U.S.C. 1 et seq.) is amended 
by adding after section 7 the following: 
‘‘SEC. 7A. (a) 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 com-
bination 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 co-
operation or joint action— 
‘‘(1) to limit the production or distribution of 
oil, natural gas, or any other petroleum product; 
‘‘(2) to set or maintain the price of oil, natural 
gas, or any petroleum product; or 
‘‘(3) to otherwise take any action in restraint of 
trade for oil, natural gas, or any petroleum product; 
when such action, combination, or collective action has a 
direct, substantial, and reasonably foreseeable effect on 
VerDate Mar 15 2010 
05:40 May 25, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
smartinez on DSKB9S0YB1PROD with BILLS
the market, supply, price, or distribution of oil, natural 
gas, or other petroleum product in the United States. 
‘‘(b) 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. 
‘‘(c) No court of the United States shall decline, 
based on the act of state doctrine, to make a determina-
tion on the merits in an action brought under this section. 
‘‘(d) 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.’’. 
SEC. 103. SOVEREIGN IMMUNITY. 
Section 1605(a) of title 28, United States Code, is 
amended— 
(1) in paragraph (6) by striking ‘‘or’’ after the 
semicolon, 
(2) in paragraph (7) by striking the period and 
inserting ‘‘, or’’, and 
(3) by adding at the end the following: 
‘‘(8) in which the action is brought under sec-
tion 7A of the Sherman Act.’’. 
VerDate Mar 15 2010 
05:40 May 25, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
smartinez on DSKB9S0YB1PROD with BILLS
TITLE II—APPLICATION OF THE 
CLAYTON ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Oil and Gas Industry 
Antitrust Act of 2011’’. 
SEC. 202. PROHIBITION ON UNILATERAL WITHHOLDING. 
The Clayton Act (15 U.S.C. 12 et seq.) is amended— 
(1) by redesignating section 28 as section 29, 
and 
(2) by inserting after section 27 the following: 
‘‘SEC. 28. OIL AND NATURAL GAS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), it shall be unlawful for any person to refuse to sell, 
or to export or divert, existing supplies of petroleum, gaso-
line, or other fuel derived from petroleum, or natural gas 
with the primary intention of increasing prices or creating 
a shortage in a geographic market. 
‘‘(b) CONSIDERATIONS.—In determining whether a 
person who has refused to sell, or exported or diverted, 
existing supplies of petroleum, gasoline, or other fuel de-
rived from petroleum or natural gas has done so with the 
intent of increasing prices or creating a shortage in a geo-
graphic market under subsection (a), the court shall con-
sider whether— 
VerDate Mar 15 2010 
05:40 May 25, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(1) the cost of acquiring, producing, refining, 
processing, marketing, selling, or otherwise making 
such products available has increased; and 
‘‘(2) the price obtained from exporting or di-
verting existing supplies is greater than the price ob-
tained where the existing supplies are located or are 
intended to be shipped.’’. 
SEC. 203. REVIEW OF CLAYTON ACT. 
(a) IN GENERAL.—The Attorney General and the 
Chairman of the Federal Trade Commission shall conduct 
a study, including a review of the report submitted under 
section 4, regarding whether section 7 of the Clayton Act 
should be amended to modify how that section applies to 
persons engaged in the business of exploring for, pro-
ducing, refining, or otherwise processing, storing, mar-
keting, selling, or otherwise making available petroleum, 
gasoline or other fuel derived from petroleum, or natural 
gas. 
(b) REPORT.—Not later than 270 days after the date 
of enactment of this Act, the Attorney General and the 
Chairman of the Federal Trade Commission shall submit 
a report to Congress regarding the findings of the study 
conducted under subsection (a), including recommenda-
tions and proposed legislation, if any. 
VerDate Mar 15 2010 
05:40 May 25, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
smartinez on DSKB9S0YB1PROD with BILLS
SEC. 204. STUDY BY THE GOVERNMENT ACCOUNTABILITY 
OFFICE. 
(a) DEFINITION.—In this section, the term ‘‘covered 
consent decree’’ means a consent decree— 
(1) to which either the Federal Trade Commis-
sion or the Department of Justice is a party, 
(2) that was entered by the district court not 
earlier than 10 years before the date of enactment 
of this Act, 
(3) that required divestitures, and 
(4) that involved a person engaged in the busi-
ness of exploring for, producing, refining, or other-
wise processing, storing, marketing, selling, or other-
wise making available petroleum, gasoline or other 
fuel derived from petroleum, or natural gas. 
(b) REQUIREMENT FOR A STUDY.—Not later than 
180 days after the date of enactment of this Act, the 
Comptroller General of the United States shall conduct 
a study evaluating the effectiveness of divestitures re-
quired under covered consent decrees. 
(c) REQUIREMENT FOR A REPORT.—Not later than 
180 days after the date of enactment of this Act, the 
Comptroller General shall submit a report to Congress, the 
Federal Trade Commission, and the Department of Jus-
tice regarding the findings of the study conducted under 
subsection (b). 
VerDate Mar 15 2010 
05:40 May 25, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
smartinez on DSKB9S0YB1PROD with BILLS