[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3081 Introduced in Senate (IS)]







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.

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

SECTION 1. ESTABLISHMENT OF DEPARTMENT OF JUSTICE PETROLEUM INDUSTRY 
              ANTITRUST TASK FORCE.

    (a) Establishment of Task Force.--The Attorney General shall 
establish in the Department of Justice a Petroleum Industry Antitrust 
Task Force (in this section referred to as the ``Task Force'').
    (b) Responsibilities of Task Force.--The Task Force shall have the 
responsibility for--
            (1) developing, coordinating, and facilitating the 
        implementation of the investigative and enforcement policies of 
        the Department of Justice relating to petroleum industry 
        antitrust issues under Federal law;
            (2) consulting with, and requesting assistance from, other 
        Federal departments and agencies, as may be appropriate; and
            (3) preparing and submitting to the Congress an annual 
        report that--
                    (A) describes all investigatory and enforcement 
                efforts of the Department of Justice relating to 
                petroleum industry antitrust issues; and
                    (B) addresses the issues described in subsection 
                (c).
    (c) Issues To Be Examined by Task Force.--The Task Force shall 
examine all issues relating to the application of Federal antitrust 
laws to the market for petroleum and petroleum products, including--
            (1) the existence and effects of any price gouging in sales 
        of gasoline;
            (2) the existence and effects of any international oil 
        cartels;
            (3) the existence and effects of any collusive behavior in 
        controlling or restricting petroleum refinery capacity;
            (4) the existence and effects of any anticompetitive price 
        discrimination by petroleum refiners or other wholesalers of 
        gasoline to retail sellers of gasoline;
            (5) the existence and effects of any unilateral actions, by 
        refiners or other wholesalers of petroleum products, in the 
        nature of withholding supply or otherwise refusing to sell 
        petroleum products in order to inflate the price of such 
        products above competitive levels;
            (6) the existence and effects of any anticompetitive 
        manipulation in futures markets or other trading exchanges 
        relating to petroleum or petroleum products;
            (7) the existence and effects of any other anticompetitive 
        market manipulation activities involving petroleum or petroleum 
        products;
            (8) any other anticompetitive behavior that impacts the 
        price or supply of petroleum or petroleum products;
            (9) the advisability of revising the merger guidelines 
        issued by the Department of Justice and the Federal Trade 
        Commission to appropriately take into account particular 
        aspects of the petroleum and petroleum products marketplace;
            (10) the advisability of amending the antitrust laws in 
        light of any competitive problems in the petroleum and 
        petroleum products marketplace identified as part of the review 
        of the issues described in paragraphs (1) through (8) that 
        cannot be effectively addressed under such laws as in effect on 
        the date of enactment of this Act; and
            (11) the impact of excessive speculation relating to 
        petroleum or petroleum products within the commodities futures 
        trading market.
    (d) Director of Task Force.--The Attorney General shall appoint a 
Director to head the Task Force.
    (e) Initial Report.--The first report required under subsection 
(b)(3) shall be submitted to Congress not later than December 31, 2008.
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