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As FTC chair, Khan stopped a fossil fuel CEO from "cashing in and joining Exxon's board," said one lawmaker. "Now, with Trump bending to the whims of Big Oil, he's considering overturning that punishment."
"So much for America First," said one progressive lawmaker on Monday regarding the Federal Trade Commission's new push to reverse a ban on two fossil fuel CEOs from serving on the boards of ExxonMobil and Chevron—the oil giants that were acquiring their companies.
The FTC is accepting public comments until May 12 on a petition filed by former Pioneer National Resources CEO Scott Sheffield, which would set aside the Biden administration's consent order; finalized days before President Donald Trump took office, that barred Sheffield from serving on Exxon's board.
The order also applied to John Hess, CEO of Hess Corp., which was being acquired by Chevron.
Then-FTC Chair Lina Khan barred the CEOs from becoming board members over concerns that they would collude with representatives of the Organization of Petroleum Exporting Countries (OPEC) to ensure Americans continued paying high oil prices.
Sheffield and Hess both communicated with OPEC officials, including "the past and current secretaries general" of the organization "and an official from Saudi Arabia," according to an FTC probe under the Biden administration.
The two executives and their companies denied the allegations. Republican members of the FTC at the time voted against Khan's ban on the board positions, claiming it overstepped the agency's authority.
But on Monday, Khan urged those who oppose oil price fixing by energy giants to submit public comments on the Trump administration's "proposal to release Sheffield from accountability."
"The FTC is now trying to let this oil executive off the hook," said Khan, a law professor at Columbia University.
Exxon, the largest U.S. oil company, bought Pioneer in a $59.5 billion deal last year. Chevron's purchase of Hess for $53 billion is currently pending during arbitration proceedings.
The FTC's investigation last year found that Sheffield communicated with OPEC about cutting oil production and driving up consumer prices while publicly blaming government policies. One analysis found such price fixing schemes by corporations were to blame for 27% of the inflation spike that American families faced in 2021.
Sheffield pushed to "keep gas prices high so his shareholders could make even more money," said Rep. Mark Pocan (D-Wis.) on Monday. "Lina Khan's FTC prevented him from cashing in and joining Exxon's board. Now, with Trump bending to the whims of Big Oil, he's considering overturning that punishment."
"We cannot allow fossil fuel companies to gouge the American public in concert with OPEC while raking in record profits," said one watchdog, calling for congressional hearings.
Consumer advocates demanded congressional hearings on alleged price fixing by oil giants on Monday after the Federal Trade Commission banned an executive from serving on the board of Chevron, saying he had colluded with international representatives to keep oil prices high.
The FTC said it would prohibit John B. Hess, CEO of the Hess Corporation, from serving on Chevron's Board of Directors as part of Chevron's acquisition of the company, citing Hess' public and private communications "with the past and current secretaries general of the Organization of Petroleum Exporting Countries (OPEC) and an official from Saudi Arabia."
"In these communications, Mr. Hess stressed the importance of oil market stability and inventory management and encouraged these officials to take actions on these issues and speak about them at different events," said the FTC.
The FTC's complaint marks the second time since May that an oil executive has been accused of collusion and price fixing to ensure Americans would continue paying high prices for gas, adding an estimated $500 per year, per vehicle, in fuel costs for the average U.S. household.
Democratic lawmakers have demanded a probe by the Department of Justice into collusion by fossil fuel companies, following the FTC's revelation that Scott Sheffield, founder of Pioneer Natural Resources, communicated with OPEC representatives via text messages, WhatsApp, and in person to encourage high oil prices.
"Americans who are struggling to make ends meet cannot afford any more price fixing collusion between Big Oil CEOs and foreign countries."
Rep. Mark Pocan (D-Wis.) said that "jail time should seriously be considered," highlighting the financial pain Sheffield's actions added to households already struggling to afford groceries, childcare, and other essentials.
The five largest U.S. oil companies have reported more than $250 billion in profits over the last two years.
"We cannot allow fossil fuel companies to gouge the American public in concert with OPEC while raking in record profits," said Tyson Slocum, director of consumer advocacy group Public Citizen's energy program. "The FTC is lifting the veil on an effort, apparently by multiple U.S. oil companies, to communicate with foreign actors to artificially raise energy prices for American families and around the world. We reiterate the call for Congress to immediately hold hearings to investigate illegal conduct by Big Oil."
Government watchdog Accountable.US described the news as "another Big Oil CEO caught colluding with OPEC."
"Americans who are struggling to make ends meet cannot afford any more price fixing collusion between Big Oil CEOs and foreign countries," said Chris Marshall, a spokesperson for the group. "They should be held accountable to make sure consumers pay a fair price at the pump."
Illegal coordination between oil companies and OPEC may have cost U.S. families thousands of dollars in higher costs for gas and other necessities.
Announcing a probe into potential efforts by fossil fuel companies to illegally coordinate with international oil producers in order to fix prices, U.S. Sen. Sheldon Whitehouse on Wednesday wrote to 18 oil giants demanding that they turn over communications with the Organization of Petroleum Exporting Countries, commonly known as OPEC.
Whitehouse (D-R.I.) wrote to companies including ExxonMobil, Chevron, and ConocoPhillips in his capacity as chairman of the Senate Budget Committee, weeks after the Federal Trade Commission (FTC) accused the former CEO of Pioneer Natural Resources Company of attempting to collude with OPEC.
Text messages, WhatsApp communications, and records from in-person meetings showed that Scott Sheffield tried to collude with representatives of OPEC countries to manipulate oil and gas production worldwide and raise oil and gas prices.
The commission made its discovery while reviewing a plan by ExxonMobil to acquire Pioneer in a $64.5 billion deal.
"The FTC's findings indicate that Sheffield and Pioneer may not have been the only individual or entity engaging in such collusive activities," wrote Whitehouse to the 18 oil giants, citing numerous examples.
"We're talking $500-1000 dollars of extra cost per year to Americans through direct and indirect effects of this conspiracy."
"In view of the findings against Sheffield, I seek to understand whether other oil producers operating in the United States may also have been coordinating with OPEC and OPEC+ representatives concerning oil production output, crude oil prices, and the relationship between the production and pricing of oil products," said Whitehouse.
Whitehouse called on the companies to provide communications between and among companies' corporate and affiliate officers and members of the OPEC Secretariat and OPEC+ concerning oil production output, crude oil prices, and the relationship between the production and pricing of oil products, dating from January 1, 2020 through the present.
The companies have until July 12 to provide the materials, the senator said.
Whitehouse noted that efforts by Sheffield and, potentially, other oil executives, to illegally coordinate oil production and prices with OPEC, may have had major, tangible effects on American families. He cited an analysis by the American Economic Liberties Project which found that "crude oil price-fixing schemes may have caused over 25% of the increase in inflation that hurt so many American families throughout 2021 in the wake of the Covid-19 pandemic."
"Since the U.S. consumes 7 billion barrels of oil annually, the amount saved by shale oil drillers during their price war with OPEC was $140 billion to $210 billion a year," wrote Matt Stoller, the group's research director.
"Once that price war ended, presumably so did the savings," Stoller continued. "The cost itself is likely a lot higher because pulling shale off the market when demand spiked probably caused prices to increase by much more than $20-30 a barrel. Anyway, we're talking $500-1000 dollars of extra cost per year to Americans through direct and indirect effects of this conspiracy. This cost shows up most obviously in the form of more expensive gas, but higher oil prices increase the price of everything right down to potato chips because of gas being a primary cost in distribution of goods and services. For a family of four, that's two to four thousand dollars a year in higher costs."
Whitehouse wrote in his letter to the oil company that he was "concerned about the possibility that oil and gas companies could be engaging in collusive, anti-competitive activities with OPEC+ that would raise crude oil prices, resulting in higher costs not only for American families, but also for the U.S. government when it acquires crude oil for the Strategic Petroleum Reserve."