NOPEC

Bill: 112-s-394
Sponsor: Sen. Kohl, Herb [D-WI]
Introduced: 2011-02-17 in the Senate
Policy area: Commerce
Subjects: Competition and antitrust
Energy prices
Energy storage, supplies, demand
Government liability
International law and treaties
Oil and gas

Summary:
action_date: 2011-02-17
text: 
No Oil Producing and Exporting Cartels Act of 2011 or NOPEC - Amends the Sherman Act to declare it to be illegal and a violation of the Act for any foreign state or instrumentality thereof to act collectively or in combination with any other foreign state or any other person, whether by cartel or any other association or form of cooperation or joint action, to limit the production or distribution of oil, natural gas, or any other petroleum product (petroleum), to set or maintain the price of petroleum, or to otherwise take any action in restraint of trade for petroleum, when such action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of petroleum in the United States. 
 
Denies a foreign state engaged in such conduct sovereign immunity from the jurisdiction or judgments of U.S. courts in any action brought to enforce this Act.
 
States that no U.S. court shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this Act.
 
Authorizes the Attorney General to bring an action in U.S. district court to enforce this Act. Prohibits any private right of action.
 
Amends the federal judicial code to make an exception to the jurisdictional immunity of a foreign state in an action brought under this Act.

action_date: 2011-04-07
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
No Oil Producing and Exporting Cartels Act of 2011 or NOPEC - Amends the Sherman Act to declare it to be illegal and a violation of the Act for any foreign state or instrumentality thereof to act collectively or in combination with any other foreign state or any other person, whether by cartel or any other association or form of cooperation or joint action, to limit the production or distribution of oil, natural gas, or any other petroleum product (petroleum), to set or maintain the price of petroleum, or to otherwise take any action in restraint of trade for petroleum, when such action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of petroleum in the United States. 
 
Denies a foreign state engaged in such conduct sovereign immunity from the jurisdiction or judgments of U.S. courts in any action brought to enforce this Act.
 
States that no U.S. court shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this Act.
 
Authorizes the Attorney General to bring an action in U.S. district court to enforce this Act. Prohibits any private right of action.
 
Amends the federal judicial code to make an exception to the jurisdictional immunity of a foreign state in an action brought under this Act.


Legislative actions:
action_date: 2011-04-07
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 26.
action_date: 2011-04-07
text: Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
action_date: 2011-04-07
text: Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
action_date: 2011-04-07
text: Committee on the Judiciary. Ordered to be reported without amendment favorably.
action_date: 2011-02-17
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S890)
action_date: 2011-02-17
text: Sponsor introductory remarks on measure. (CR S889-890)
action_date: 2011-02-17
text: Introduced in Senate