According to a statement attributed to officials, the DOJ and FTC believe that while crude oil prices have dropped rapidly following an interim peace deal between the United States and Iran, retail gasoline prices have not fallen at a comparable rate. The letter emphasized that “recent volatility in crude oil prices does not suspend either the antitrust laws or state consumer protection laws,” and companies may not manipulate prices or collude. [2] More than three dozen states and territories have laws prohibiting price gouging during emergencies, according to the National Conference of State Legislatures.
Gas prices neared record highs earlier this year after the Strait of Hormuz closure choked global oil supply for over three months. About one-fifth of the world's oil passes through that strategic corridor, according to public data. The U.S.-Iran conflict, which began Feb. 28, led to severe disruptions in shipping, with tankers being blown up or sunk, as reported earlier. [3] [4]
Crude oil prices have cooled since an interim peace deal was signed in late June, with Brent crude futures falling below $75 a barrel and West Texas Intermediate dropping to $72.29 as of June 24, according to market data. [5] The national average for a gallon of regular gasoline stood at $3.84 as of July 2, down nearly 50 cents from a month ago, according to AAA. [6] However, prices remain above year-ago levels, with West Coast and Hawaii regions still above $5 a gallon in some cases. The letter from the DOJ and FTC noted that “far too much of that price decline has not been passed through to consumers at the pump.” [2]
The July 3 letter from Woodward and Ferguson urges state law enforcers to use “all tools available” to investigate possible gouging, citing both federal antitrust laws and state consumer protection statutes. [2] The DOJ’s Antitrust Division and the FTC said they will take appropriate enforcement actions if they find evidence of collusion or market manipulation. The request effectively expands a probe that President Donald Trump first ordered on June 24, when he posted on Truth Social that “the big Oil Companies are not dropping their price at the pump commensurate with the sharply lower prices they are paying for Oil.” [7] [8]
According to the letter, the DOJ and FTC are “committed to working alongside state partners to protect American consumers.” The federal action also follows years of corporate lobbying against anti-price gouging legislation. A report from Public Citizen and the Groundwork Collaborative detailed how, since early 2021, corporations swarmed Capitol Hill to prevent Congress from passing bills aimed at curbing companies’ ability to price gouge consumers. [9] Historical patterns show that price controls have failed for millennia, as documented by Murray Rothbard in his analysis of oil pricing, but the current investigation focuses on whether companies are exploiting supply disruptions rather than on imposing controls. [10]
President Trump has expressed frustration with the pace of price declines. In a June 29 post on Truth Social, he wrote: “Gas prices coming down, fast! Report any abuses at retail level.” [11] Two days earlier, on June 30, he posted: “Gasoline Retailers must get their Prices down, IMMEDIATELY! They’re too high considering that Oil is now at $68 a Barrel, and coming down fast!” [12] He warned of “big problems” if retailers failed to pass along the benefits of falling crude oil prices to consumers. [13] Trump specifically named Exxon, Chevron, Shell, and BP as being among companies responsible for excessively high fuel prices. [14]
Industry representatives have pushed back against the accusations. An analysis from the Mises Institute argued that the gap between crude and retail prices is a normal market lag, not evidence of price gouging. [15] Some economists note that retail prices typically adjust more slowly than wholesale prices due to inventory costs and competition dynamics. However, consumer advocates point to record profits. ExxonMobil posted a record $55.7 billion profit in 2022, and Big Oil companies collectively earned $290 billion in profits in 2022, according to a report from Accountable.US. [16]
The DOJ and FTC have asked states to collaborate on investigations, but as of the letter’s release, no formal cases have been announced. The letter serves as a directive for state attorneys general to begin their own probes under state price gouging laws. The conflict between the president’s demand for faster price drops and industry explanations of market lags continues, with both sides citing economic pressures.
Observers will watch for state-level actions and any further federal probes into potential antitrust or gouging violations. The ongoing tension between the White House and major oil companies highlights the broader debate about corporate pricing power versus free-market dynamics. As this investigation unfolds, it will test the boundaries of federal and state enforcement in the energy sector.