WASHINGTON – Today, Senator Herb Kohl questioned Attorney General Eric Holder at a Judiciary Committee oversight hearing about rising gas prices and Kohl's bipartisan legislation that would subject the OPEC oil cartel to antitrust laws.  

In February, Senator Kohl introduced his bill, the No Oil Producing & Exporting Cartels (NOPEC) Act, to permit the Department of Justice to bring actions against foreign states – such as members of the Organization of Petroleum Exporting Countries (OPEC) – for collusive practices in setting the price or limiting the production of oil.  If enacted, Kohl's bipartisan NOPEC bill would give the Justice Department an important tool to combat OPEC's price fixing and prevent future price increases of gasoline that have become routine. This bipartisan legislation passed the Senate with 70 votes in 2007, and last month passed the Senate Judiciary Committee by a vote of 14-1.   

"We've all been alarmed by the rise in gas prices, which are now surpassing $4 a gallon in many places across the country, including Wisconsin, and have nearly doubled in two years," Kohl said. "While we know that the rise in gas prices has many causes, one important cause is the actions of the OPEC oil cartel, which limits supply in order to maintain a high price.  If the nations of OPEC were private companies, such conduct would be nothing more than naked price fixing, illegal under the most fundamental principles of antitrust law."  

"Why should OPEC be treated differently than other price fixing cartels that the Justice Department has taken action against under the antitrust laws?" Kohl asked.  

Holder replied that while he always appreciates having more tools at his disposal, the Administration has not taken a position on this legislation. He indicated and that the Administration has established a task force to examine market manipulation and stated that he will to raise Kohl's legislation with his colleagues in the Cabinet.