U.S. Senate Passes Antitrust Bill Targeting OPEC, It’s Ridiculous and Ironic

NOPEC image from Tweet, caption in blue by Mish

U.S. Senate Judiciary Passes NOPEC Antitrust Bill

The U.S. Senate Judiciary Committee has approved the No Oil Producing and Exporting Cartels Act (NOPEC) bill.

Yahoo!Finance reports U.S. Senate Passes NOPEC Antitrust Bill

It is still unclear whether the bill, approved by the Senate panel, will move on to the Senate or to U.S. President Joe Biden. It is also unclear whether Biden would sign this legislation into law.

NOPEC History From Wikipedia

The No Oil Producing and Exporting Cartels Act (NOPEC) was a U.S. Congressional bill, never enacted, known as H.R. 2264 (in 2007) and then as part of H.R. 6074 (in 2008). NOPEC was designed to remove the state immunity shield and to allow the international oil cartel, OPEC, and its national oil companies to be sued under U.S. antitrust law for anti-competitive attempts to limit the world’s supply of petroleum and the consequent impact on oil prices. Despite popular sentiment against OPEC, legislative proposals to limit the organization’s sovereign immunity have so far been unsuccessful. “Varied forms of a NOPEC bill have been introduced some 16 times since 2000, only to be vehemently resisted by the oil industry and its allied oil interests like the American Petroleum Institute and their legion of “K” Street Lobbyists.”

There have been numerous attempts to pass a NOPEC bill over the pass decade. This one now looks good to go. 

The NOPEC Bill 

Let’s discuss the NOPEC Bill as it currently stands. 

This bill prohibits a foreign state from engaging in collective action impacting the market, supply, price, or distribution of oil, natural gas, or any other petroleum product in the U.S. Specifically, a foreign state is prohibited from

  • collective action that limits the production or distribution of such product,
  • collective action to set or maintain the price of such product, or
  • any other action that restrains trade of such product.

Specified defenses such as sovereign immunity (i.e., a foreign state’s immunity from the jurisdiction of U.S. courts) and the act of state doctrine (i.e., the prohibition of a court invalidating an official act of a foreign sovereign performed within its own territory) shall not apply to a foreign state’s violation of this bill.

US Arrogance

Somehow, the US Congress thinks it can set policy for the world and enforce it. 

The US weaponized the US dollar now it wants the right to weaponize all trade.

NOPEC Irony

The irony in NOPEC is that US sanctions on Russia, and somewhat enforced by the EU are in direct violation of the stated intent of NOPEC.

Consider the first bullet point “collective action that limits the production or distribution of such product

Isn’t that precisely what the US is doing right now? 

And what about the third bullet point “any other action that restrains trade of such product” like sanctions? 

Bad Policy Ideas 

Reuters Comments

It is unclear exactly how a federal court could enforce judicial antitrust decisions against a foreign nation. But several attempts at NOPEC over more than two decades have worried OPEC’s de facto leader Saudi Arabia, leading Riyadh to lobby hard every time a version of the bill has come up.

But anger has risen lately in the U.S. Congress about soaring gasoline prices that have helped fuel inflation to the highest level in decades, raising the chances of its success this time.

Some analysts said that rushing a bill through could lead to unintended blowback, including the possibility that other countries could take similar action on the United States for withholding agricultural output to support domestic farming, for example.

It’s always a bad idea to make policy when you are angry,” said Mark Finley, a fellow in energy and global oil at Rice University’s Baker Institute and former analyst and manager at the Central Intelligence Agency.

Saudi Reaction Coming

A strong reaction by Saudi Arabia is all but assured.

Instead of buying US weapons, look for Saudi Arabia to turn to China and perhaps even Russia.

Global Currency Crisis

The Fed, likely under pressure from Biden, confiscated Russia’s dollar reserves after it invaded Ukraine.

I discussed the implications on March 9, in Unprecedented Fed Action May Have Just Started a Global Currency Crisis

The Fed has no authority to confiscate reserves. This was an illegal action, and there are implications.

The key implication is that people better think twice about fiat reserves than can be taken at will.

Yet, that still does not imply another currency supplanting the dollar.

US Sanction Policy Drives China Into Russia’s Loving Arms

Recall Trump’s ban on Hauwei 5G technology and chips to support it.

The US lost out on chip sales and android phones sales. China is now making chips and phones and supplying Russia.

For details, please see US Sanction Policy Drives China Into Russia’s Loving Arms

The Fed’s confiscation of dollars added fat to huge sanction and trade war fires started by Trump. 

Re-Thinking Dollars

Actions by Trump and Biden will accelerate a move to re-think holding dollars, even if no dollar replacement reserve currency is remotely in sight.

If you think about the implications of what I just stated, there is a 4-letter word that is the likely beneficiary.

Here’s a hint: It begins with letter “G”.

Just don’t overthink things. The Yuan Will Not Replace the US Dollar, Nor Will It Be Backed by Commodities

In light of recent Fed actions, I pinged Michael Pettis at China Financial Markets some questions on China’s reserves.

Here’s the discussion: What Does China Do With a Dollar That’s No Longer Risk Free? Buy Gold?

This post originated at MishTalk.Com.

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RonJ
RonJ
1 year ago
Biden and the Democrats want to end fossil fuels. So why would they want more fossil fuel output from OPEC? Is it to buy votes in November?
Biden recently opened the spigot on the Strategic Reserve, now i read he apparently plans to buy oil to replenish the reserve.
Seems skitzo-phrenic.
dmartin
dmartin
1 year ago
Wow. This is got to be a joke. As if sanctioning allies over human rights wasn’t enough to lose friends and alienate. Such arrogance will erode US power over time and destroy reserve dollar status. What are these people thinking?
oee
oee
1 year ago
It is not. OPEC is the only cartel that is allowed to operate save for Major League Baseball. The decision not to enforce the law of anti trust goes to back to President Einsenhower. Also, you claim that you are for free markets. However, the in case of the most important commonditiy, you want price manipulation.
dbannist
dbannist
1 year ago
Reply to  oee
No, he’s not for price manipulatation.

He is merely saying that the USA cannot dictate to other countries how they sell their product. In fact, it’s ludicrous to even try. If anything this will anger OPEC who will manipulate the price of oil even more to punish US arrogance. The USA has no control over OPEC.

oee
oee
1 year ago
Reply to  dbannist
Yes we can and done so. The US has put 2nd sanctions against others in the near past. Also, the US is flooding the market with oil with the release of SPAR, so the US can do want it wants when it wants.
One of the reasons Bush 43 invaded Iraq was to control the country and use it to undermine OPEC so you are wrong Mister.
KidHorn
KidHorn
1 year ago
All that has to happen for the US to lose reserve currency status is for countries to stop buying USD in forex to depreciate their currencies. And why does it have to be replaced with another currency? Maybe the world will just have a lot less reserves.
Lisa_Hooker
Lisa_Hooker
1 year ago
Arrogance begets Hubris. Nemesis invariably follows Hubris.
BDR45
BDR45
1 year ago
We are stupidly painting ourselves into a corner.
Bhakta
Bhakta
1 year ago
I’m an American living in Thailand 38 years. The Thai’s who know anything about what’s going on, despise Biden and are sick of the USA trying to order everyone on this planet how to live. It is sad, seeing the arrogance of the USA. I grew up learning that “Pride goes before a fall.:
KidHorn
KidHorn
1 year ago
Reply to  Bhakta
Sounds like the kind of disinformation we need to be protected from.
Doug78
Doug78
1 year ago
The bill hasn’t been voted yet and Biden hasn’t had the opportunity to sign it into law so it might die a quiet death like it has before. Similar bills have come up during each administration since Bush and they end up failing and this one could fail too probably for the same reason as well in that if this bill becomes law it would be unworkable and piss off domestic and foreign oil companies as well as virtually all oil-producing countries. It is however a way to virtue-signal by both Republican and Democrat Congress members that they are doing something about gas prices without actually doing something about gas prices.
JeffD
JeffD
1 year ago
Give Biden enough rope and he’ll hang himself. He’s proven it, time and time again.
Zardoz
Zardoz
1 year ago
Reply to  JeffD
Yet he somehow is miraculously un-hanged.
Fish1
Fish1
1 year ago
I do not understand the almost insane reluctance for people on these boards, including our host, to continually FUD electric vehicles. I have had mine for 3 years, haven’t purchased a gallon of gas (for our 2nd car) since February. Detroit, Wall Street, Easterners in general have not figured out the E-Car. OPEC and their machinations are no longer relevant. We do need a super robust electrical production and distribution system, which is quite doable. Did I mention that the best electric cars and their innovative technology are American made? Now go back to groveling at the feet of Putin, Maduro and all the Mid-Eastern despots.
Bhakta
Bhakta
1 year ago
Reply to  Fish1
Obviously the electric vehicle has worked great for you. For most who are not driving distance frequently and live where the electricity supply is normal, and they can afford the electric vehicles, that is great. For lots of the world, the electricity is not regular, they cannot afford the vehicles, etc. There are a few of them here in Thailand now, and the big malls have charging stations in their parking lots. Lots of hybrids are being sold.
Bombillo
Bombillo
1 year ago
Reply to  Bhakta
The distance meme is fud as well. I live on a remote ranch in N. Cal. 60 miles to nearest grocery store. I have 300 mi of range and charge at home or in town. No one lives more remotely. I have a Tesla, the new Volkswagen looks goo, I believe that Chevy has a good car now. Who gives a damn what a sheik in some desert does? The end of oil is nigh.
TexasTim65
TexasTim65
1 year ago
Reply to  Bombillo
LOL – The end of oil is nigh.
We’ll be using oil until the last drop is extracted or at least the last drop that can be economically extracted. Oil used to make gas is only a fraction of what each barrel of Oil is used for. All the rest of the barrel will continue to be used.
Mass adoption (mass adoption = 25% or more) of Electric cars is still a long way away (think decades).
Eighthman
Eighthman
1 year ago
This is more than just arrogance. This is delusional, a mass psychosis, apparently in reaction to the decline of the nation. Ukraine does it as they lose. The US does it as their hegemony fails. I have little doubt they will deliberately provoke China – into a sanctions war that will wreck the US economy.
Bhakta
Bhakta
1 year ago
Reply to  Eighthman
It sure looks like the USA wants to provoke almost everyone. The Chinese, Russians, Indians, and here in SE Asia the US is not making more friends.
KidHorn
KidHorn
1 year ago
Reply to  Eighthman
This is entirely driven by our democrat controlled government. Democrats have taken over the far right. They pretend to be liberal, but everything they do is fascist. They want to stop political opposition. They want to control speech. If you do something they don’t like, they physically intimidate you. The latest example are the threats to the supreme court justices and naming where they live. Mafia tactics. They accuse republicans of being Nazis when they’re clearly the Nazis.
Zardoz
Zardoz
1 year ago
Reply to  KidHorn
Toot toot! Kook alert!
KidHorn
KidHorn
1 year ago
Reply to  Zardoz
In the days after the Nazi electoral victories of July 1932, Adolf Hitler informed Joseph Goebbels that he intended to make Goebbels director of a new propaganda ministry when the Nazis took over the reins of national government. Goebbels soon envisioned an empire that would control schools, universities, film, radio, and propaganda. “The national education of the German people,” he wrote, “will be placed in my hands.”
Sure seems exactly the same as what the democrats are doing or have done. I guess I’m not the one who’s a kook.
RonJ
RonJ
1 year ago
Reply to  Zardoz
Thanks for announcing yourself.
Casual_Observer2020
Casual_Observer2020
1 year ago
Wait ’til the next generation of Republicans get in charge of the country. Things that will likely happen:
– Target cartels of all sorts
– End the Fed
– Gold standard
– Close down the CDC, FDA and most other departments and agencies
– Cut all federal programs and let the states govern themselves
Bhakta
Bhakta
1 year ago
Trump has his chance in 2017-2018 and what did he do but stuff his government with CFR people, just like Obama did, and just like Biden has done. No one is going against the CFR/Trilateral Commission/Chatham House, Atlantic Council, etc.
Doug78
Doug78
1 year ago
They might target some cartels but the won’t end the Fed, the CDC or FDA. Cut some Fed programs certainly as well as shoving more responsibilities to the states. Gold standard will never be done because it makes no sense from a transactional point of view where money is just electrons. The Republicans coming in will be more on the populous side and much less of the Libertarian bent so I don’t think major elimination of institutions won’t happen. The populous side is not anti-government per se. They just want it to work for them and not for others.
KidHorn
KidHorn
1 year ago
And why would that be bad?
oee
oee
1 year ago
You had your chance in 2017-2021, and Trump increased spending; wanted low interest rates, and …killed 1 Million Americans. The failed to manage the current plaugue ; The US job market ended with a negative 2.50 Million jobs over 48 months; where as the Biden/Harris admin has created 9 million more net jobs over Trump.
They will finish up killing the rest of us.
KidHorn
KidHorn
1 year ago
Reply to  oee
The US had a higher death rate in 2021 than 2020. And an even higher rate in 2022.
dbannist
dbannist
1 year ago
Reply to  KidHorn
How dare you challenge the narrative that everything bad that happened was Trumps fault? haha

In reality, with or without Trump, 1 million Americans would have died from COVID.

It’s COVID’s fault, not anyone in politics.

oee
oee
1 year ago
Reply to  dbannist
Advanced countries had lower deaths: Japan, Canada, The UK, France, Italy, Germany, Australia have had other deaths so it was not invetable that 1 Million died of covid. That is patently false.
KidHorn
KidHorn
1 year ago
Reply to  oee
If Trump is inept because 1 million died, then following the same logic, Biden is more inept than Trump.
oee
oee
1 year ago
Reply to  KidHorn
No; he is not. He has created more jobs than Trump. The economy grew 5.40% in 2021, more than any year of Trump. In fact, the economy contracted 2.50% in 2020. Also, President Biden inherited the plauge with no plan for vaccination. He vaccinated people not Trump.
TexasTim65
TexasTim65
1 year ago
Reply to  oee
In 2020 the economy contracted because of Corona lockdowns not because of Trump. In 2021 it expanded because the vax was available and things re-opened and the year-over-year comparisons to 2020 were easy.
Note that under Trump the vax was developed. Under Biden it was distributed. So technically curing Corona was bi-artisan effort.
RonJ
RonJ
1 year ago
Reply to  oee
“…and killed 1 Million Americans.”
Trump supported early treatment. The corrupt public health agencies opposed it. Trump acquired an initial batch of hydroxychloroquine but Rick Bright and Janet Woodcock colluded to obstruct the public from access to it, restricting its use under an EUA, which is not for FDA approved drugs, but for unapproved drugs.
Hydroxychloroquine, Ivermectin and Fluvoxamine are FDA approved drugs and should not have been obstructed from off label use against Covid.
it is the obstruction of these drugs by the FDA, that resulted in the official death toll of 1 million. The public health agencies put a mass vaccination program above public health and human lives.
Zardoz
Zardoz
1 year ago
Just like last time, and the time before!
Say it with me: “none of those people is on my side”
kiers
kiers
1 year ago
All that noise about “anti trust” Lina Khan etc etc blah blah, and they finally move on …. NOPEC?!!!! MEanwhile the US shale and gas lobby is throwing fresh water to hell at the rate of an entire Rhode Island 8inches deep, from Texas shale alone every year! Who do you think contributed dark money to Jan 6 nonsense? Shale Oil and Gas lobby. NOPEC my arse. The entire DC swamp is owned by Shale.
Nuddernoitall
Nuddernoitall
1 year ago
“The Fed has no authority to confiscate reserves. This was an illegal action, and there are implications.”
Seeing with clarity unintended consequences, has never been the dominant intellectual trait of the DC Lords who sacrifice for us with their “public service.” As such, I gladly accept the generous gruel they have to offer, for I know they care only for us … their (at this moment) unchained serfs.
Bhakta
Bhakta
1 year ago
Reply to  Nuddernoitall
Seizing the Russian money was idiocy. What better way to scare everyone away from the Dollar. Anyone watching the Ruble?
Doug78
Doug78
1 year ago
Reply to  Bhakta
Have you seen the price of the dollar vs all other major currencies?

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