In re: Refined Petroleum Products Antitrust Litigation

OPEC Antitrust Liability

NCLC's Position

NCLC urged the court to dismiss a series of antitrust class action lawsuits brought against foreign state-owned petroleum companies. In its brief, NCLC argued that the political branches, not the judiciary, have the institutional competence to resolve these matters. NCLC also argued that the act of state doctrine barred review of the conduct of the sovereign nations in question.

Case Outcome

The court held that the antitrust class action lawsuits brought against foreign state-owned petroleum companies were barred by the act of state doctrine and were non-justiciable.

Procedural History

Amicus brief filed 5/16/08. Motion to dismiss granted 1/9/09.

Case Documents