call for action

Politicians urge Justice Department to prosecute alleged collusion, price-fixing by oil industry

The politicians point to a recent Texas merger. Photo via Getty Images

Senate Majority Leader Chuck Schumer and 22 other Democratic senators are calling on the Department of Justice to “use every tool” at its disposal to prevent and prosecute alleged collusion and price-fixing in the oil industry.

In a letter Thursday to Attorney General Merrick Garland and other officials, the Democrats said a recent Federal Trade Commission investigation into a high-profile merger uncovered evidence of price-fixing by oil executives that led to higher energy costs for American families and businesses.

The FTC said earlier this month that Scott Sheffield, the former CEO of Texas-based Pioneer Natural Resources, colluded with OPEC and OPEC+ to potentially raise crude oil prices. Sheffield retired from the company in 2016 but returned as CEO in 2019. After retiring again in 2023, he continued to serve on its board.

The FTC cleared Houston-based ExxonMobil's $60 billion deal to buy Pioneer on May 2 but barred Sheffield from joining the new company’s board of directors. Pioneer, which is based in Dallas, said it disagreed with the allegations but would not impede closing of the merger, which was announced in 2023.

In a report, the FTC said collusion by Pioneer and others may have cost the average American household up to $500 per car in increased annual fuel costs, an amount Democrats called “an unwelcome tax that is particularly burdensome for lower-income families.'' Meanwhile, Exxon Mobil and other major oil companies collectively earned more than $300 billion in profits over the last two years, "a surge that many market experts believe cannot be explained away by increased production costs from the (coronavirus) pandemic or inflation,” Democrats said.

The letter calls for the Justice Department to launch an industry-wide investigation into possible violations of the Sherman Antitrust Act. It outlined how “Big Oil’s alleged collusion with OPEC is a national security concern that aids countries looking to undermine the U.S.," including Russia and Iran.

“Corporate malfeasance must be confronted, or it will proliferate," the letter said. “These alleged offenses do not simply enrich corporations; hardworking Americans end up paying the price through higher costs for gas, fuel and related consumer products. The DOJ must protect consumers, small businesses and the public from petroleum-market collusion."

The letter by Senate Democrats was the latest in a series of partisan actions targeting the oil industry.

Separately, Democratic Sen. Sheldon Whitehouse of Rhode Island and Democratic Rep. Jamie Raskin of Maryland have formally asked the Justice Department to investigate whether Exxon, Chevron and other oil companies misled the public over decades about the climate effects of burning fossil fuels. Whitehouse and Raskin led a multiyear investigation that uncovered what they described as “damning new documents that exposed the fossil fuel industry’s ongoing efforts to deceive the public and block climate action.”

Republicans, meanwhile, have attacked President Joe Biden's energy policies, including a freeze on liquefied natural gas exports, restrictions on new oil and gas leasing on a petroleum reserve in Alaska and a decision to charge companies higher rates to drill for oil and natural gas on federal lands.

Sen. John Barrasso, the top Republican on the Senate Energy Committee, said the Democratic president was “doing all he can to make it economically impossible to produce energy on federal lands.''

The letter released Thursday was signed by 23 Democrats, including Schumer, Whitehouse, Senate Commerce Committee Chairwoman Maria Cantwell of Washington state and Senate Judiciary Committee Chairman Dick Durbin of Illinois.

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A View From HETI

Yara North America is growing its Texas footprint. Photo courtesy Yara International

Yara North America, a subsidiary of Norwegian fertilizer and ammonia producer Yara International, has agreed to buy an ammonia production plant in Texas City for $1.3 billion.

The seller is GCA Holdings, an affiliate of Texas City-based chemical manufacturer Gulf Coast Ammonia, which is owned by private equity firms Lotus Infrastructure Partners and MB Energy.

The Texas City plant, with an eventual annual capacity of 1.3 million metric tons, is expected to start full production by the end of this year. Yara says the ammonia produced by the plant will serve its own fertilizer production system and its key customers.

During a recent call with analysts and investors, Magnus Ankarstrand, executive vice president and CFO of Yara International, said the plant holds the potential to become one of the company’s most profitable plants. The $1.3 billion purchase price, he added, “is a very attractive entry ticket to ammonia production in the U.S. at a very attractive cost.”

The Texas City plant will add to Yara’s holdings in the Lone Star State, as Yara is the majority owner of an ammonia, hydrogen and nitrogen production plant in Freeport.

Construction of the ammonia plant began in 2020, but technical and infrastructure issues delayed the project. On its website, Gulf Coast Ammonia says the plant represented a $600 million investment.

“Gulf Coast Ammonia is a world-class asset that required disciplined execution across development, financing, construction, and commercial structuring,” Philipp Pletka, managing director of Lotus Infrastructure Partners, says in a news release.

Trexlertown, Pennsylvania-based Air Products, which owns and operates the country’s largest hydrogen pipeline network, will continue to supply hydrogen and nitrogen for the plant under a long-term deal with Yara, according to the release.

However, the news comes two days after Yara International announced that it would no longer be purchasing ammonia assets in the Louisiana Clean Energy Complex (LCEC) from Air Products. In a separate release, Yara said it planned to reallocate funds toward "alternative mature U.S. ammonia investment opportunities with more competitive returns."

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