Sue Opec?
by Staff
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With outraged consumers protesting in the streets of many countries, oil producers are blaming speculators, speculators are blaming consumers and politicians are blaming one another. Consequences could entail not just a tarnished image but real damage to economic interests and political fortunes. "Everybody's got their preferred culprits," said Frank A. Verrastro, a longtime U.S. energy official who is now director of the energy program at the Center for Strategic and International Studies in Washington. "Nobody wants to look in the mirror." The process of assigning blame underscores the complexity of a crisis with multiple causes and explosive implications.
The oil ministers of the OPEC countries meet periodically to set production quotas for the cartel’s members and in the process establish an artificially high price for crude oil. Under our antitrust laws, this is illegal. ... If the president allowed the states to sue OPEC, his actions would undoubtedly anger political leaders in the Middle East and create the need for diplomatic initiatives to limit the fallout. But how stable is the Middle East right now? And isn’t starting a lawsuit better than starting a war? Thomas W. Evans, who was an adviser to Presidents Ronald Reagan and George H. W. Bush, is the author of “The Education of Ronald Reagan.”
... Imagine suing OPEC members for the amount they overcharged for petroleum products the U.S. government purchased. Then triple that amount -- for that is what can be awarded to consumers injured by cartel activity. Imagine the seizure of OPEC assets to pay this award, such as Venezuelan government-owned Citgo headquarters in Houston or Saudi Arabia's Aramco assets in New York. ... If we are afraid of OPEC, remember that our decades of putting up with this cartel have done nothing to reduce oil prices. Darren Bush is a law professor at the University of Houston. Harry First is a law professor at New York University. John J. Flynn is a law professor at the University of Utah.
....A trio of law professors take to the pages of the LA Times today to argue in favor of a bill allowing the government to sue OPEC for antitrust violations: The cartel's economic effect on the U.S. has been devastating, dating from the oil embargo in the 1970s, which led to the first U.S. fuel shortage since World War II, to today's unstoppable escalation of pump prices. Just in the last three years, crude prices rose from $54 to nearly $140 a barrel - which means U.S. spending on imported oil has gone from about $185 billion a year to an expected $440 billion this year. Imagine! For starters, imagine just how popular this would make us in the Arab world. If we believe in truth-in-advertising, we really ought to rename this the "Al-Qaeda Recuitment Act of 2008." Or maybe "Smoot-Hawley II." Snark aside, what's ironic is that this proposal has gained currency at precisely the time that OPEC's cartel power is pretty much gone. Cartels are designed to artificially reduce supply and keep cartel members from competing against each other and driving prices into the ground. Today, though, demand for oil is so high that no collusion is needed. OPEC members are pumping at full capacity and prices are skyrocketing anyway. ... Kevin Drum has two other energy-related posts Thursday: |
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