In 2022, the Biden administration and the oil industry were in a brutal fight over oil prices. The president was demanding that domestic oil producers invest and drill more to address spiking costs, but Texas frackers were recalcitrant. “Whether it’s $150 oil, $200 oil, or $100 oil, we’re not going to change our growth plans,” the Pioneer CEO, Scott Sheffield, said, echoing comments from other leaders at different domestic firms. Profits would go to investors, not to more rigs to address pain at the pump.
The oil barons won the fight. Profits in the oil industry jumped from virtually nothing in 2020 to the hundreds of billions in 2021, and then doubled again in 2022. And yet, economists did not see any sort of plot at work. “Don’t blame the oil companies for their high profits,” said the economist Olivier Blanchard. “It is not price gouging, just how markets work.”
Three weeks ago, the Federal Trade Commission released information showing how naive such statements really were. Sheffield, it turns out, allegedly helped engineer a price-fixing scheme to reduce oil production and increase prices for Americans at the pump. His goal was to end fierce competition in the industry, which had, as he put it, “lowered the price by $20 to $30 per barrel over the past 10 years”. The FTC banned Sheffield from his corporation’s board and has reportedly referred allegations against Sheffield to the Department of Justice for possible criminal investigation.
The magnitude of this alleged plot is stunning. Oil prices are controlled by the Organization of Petroleum Exporting Countries (Opec), a cartel composed of nations with known oil reserves. Because Opec is made up of governments, price-fixing law doesn’t apply. But these laws do apply to domestic US firms engaged in shale oil production, who competed fiercely with Opec from 2014 to 2016 for market share, bringing down prices in the interim.
In 2017, tired of this price war, Texas oilmen and Opec officials began sitting down to dinners, and by 2021, Texas had de facto joined Opec. Companies like Pioneer, Devon Energy and Continental Resources publicly pledged to hold back production. As the FTC found, Sheffield was also privately sending hundreds of text and WhatsApp messages to Opec officials, seeking to align US producers with the global cartel.
Class-action lawyers are on top of the scandal, but there’s also increasing political interest. At a hearing last week, the US representatives Rosa DeLauro and Matt Cartwright began criticizing “big oil” for this scheme, and Representative Mark Pocan even called for jail time for the oil executives allegedly involved. The top Democrat on the powerful energy and commerce committee, Frank Pallone, just launched a wide-ranging investigation across the industry.
The US consumes 7bn barrels of oil a year, meaning that if the dollar amount went up by $20-30, as Sheffield calculated, that’s roughly $400-700 a person in America, a transfer from consumers to oil men and their private equity backers. That’s a not small amount of what inflation wrought in 2021, which was about $4,700 per capita in increased prices. (I suspect the amount is actually more than $20-30 a barrel, since price spikes tend to be larger than the average over long periods of time. But we’ll leave it at what Sheffield calculated.)
What is perhaps most shocking about this scandal is not that it happened, but that it happened in plain sight. Oil CEOs weren’t hiding. In 2021, as prices rose on the end of Covid lockdowns, Sheffield publicly threatened rivals who might increase production, saying “all the shareholders that I’ve talked to said that if anybody goes back to growth, they will punish those companies”.
For years, there has been a debate between macro-economists like Blanchard about the source of post-Covid inflation. Many economists chalked up price hikes to workers demanding more money and saw the way to address it as scaring workers into accepting less money by throwing a bunch of them out of work. “We need five years of unemployment above 5% to contain inflation,” said Larry Summers. That’s what their models told them.
By contrast, 85% of Americans, along with a few iconoclastic scholars and writers, said “corporations being greedy and raising prices to make record profits” was the cause of inflation. Why? Well it might have been because they noticed that CEOs were routinely telling investors that they were raising prices to increase margins, not to meet wage demands. Or it might have been because they experienced large and unexplained price increases in meat, rent, hotels, groceries and restaurants. Indeed, when the CEO of Wendy’s recently said Wendy’s was considering using AI to engage in dynamic pricing, the public outrage was palpable.
It’s time to declare the debate over. In 2021, the total corporate profit increase was $730bn, or a little over $2,100 a person. That’s a large chunk of the inflationary increase in costs. Moreover, the price-fixing in the oil industry, which contributed roughly $200bn of that, isn’t an anomaly.
Take post-Covid rent hikes. One software and consulting pricing firm for landlords, RealPage, specialized in telling its clients to hike rents more than they otherwise might. As of December of 2020, RealPage had nearly 32,000 clients, including “10 largest multifamily property management companies in the United States”. There are multiple antitrust suits accusing the private equity-owned firm of organizing a massive price-fixing conspiracy to inflate rents across the board.
Beyond rent, the Biden administration or private plaintiffs now have credible antitrust claims against firms engaged in price-fixing in meat, hotels and large online sellers like Amazon. Corporations in a range of industries have made comments similar to those of Sheffield.
Alex Cisneros, an executive for Red Roof Inn, told a trade outlet that Red Roof Inn was using a software package called STR from CoStar to systematically hike prices across the hotel industry. “Red Roof’s franchisees for the most part are making more money with less occupancy,” Hotel News Now explained. “Red Roof is now providing more data to franchisees to educate and get them comfortable commanding higher rates.”
According to a lawsuit, an unnamed executive at Smithfield, a pork processor, summarized the advice he got from Agri Stats, a consulting firm that coordinates production in the industry, as: “Just raise your price.”
Rent, meat, oil and hotels are big sectors, so criminal activity in the form of price-fixing to boost profits should bust through the illusions economists have about how our markets really work. There are also a number of concrete steps policymakers can take to respond to this price-fixing.
The first is to arrest or sue the offending executives for criminal activity.
The second is to strengthen price-fixing and merger laws, allow more private class-action suits, force judges to speed up cases and increase the budget of antitrust enforcers to make collusion more difficult.
The third is to reform the Federal Reserve so policymakers there stop using macro-economic models that avoid considerations of profits and price-fixing.
And the fourth is, frankly, political. One key reason there is action on these schemes is because Biden has prioritized antitrust enforcement. He hasn’t put enough into antitrust, and he doesn’t talk about it very often. But he should, or else Americans are likely to fall into the trap of thinking that what is good for big business is good for their pocketbooks, when the opposite is so often the case.
Matt Stoller is a writer and former policymaker who focuses on the politics of market power and antitrust
