This is the accessible text file for GAO report number GAO-06-412T 
entitled 'Energy Markets: Factors Contributing to Higher Gasoline 
Prices' which was released on February 1, 2006. 

This text file was formatted by the U.S. Government Accountability 
Office (GAO) to be accessible to users with visual impairments, as part 
of a longer term project to improve GAO products' accessibility. Every 
attempt has been made to maintain the structural and data integrity of 
the original printed product. Accessibility features, such as text 
descriptions of tables, consecutively numbered footnotes placed at the 
end of the file, and the text of agency comment letters, are provided 
but may not exactly duplicate the presentation or format of the printed 
version. The portable document format (PDF) file is an exact electronic 
replica of the printed version. We welcome your feedback. Please E-mail 
your comments regarding the contents or accessibility features of this 
document to Webmaster@gao.gov. 

This is a work of the U.S. government and is not subject to copyright 
protection in the United States. It may be reproduced and distributed 
in its entirety without further permission from GAO. Because this work 
may contain copyrighted images or other material, permission from the 
copyright holder may be necessary if you wish to reproduce this 
material separately. 

Testimony: 

Before the Committee on the Judiciary, United States Senate: 

United States Government Accountability Office: 

GAO: 

For Release on Delivery Expected at 9:30 a.m. EST: 

Wednesday, February 1, 2006: 

Energy Markets: 

Factors Contributing to Higher Gasoline Prices: 

Statement of Jim Wells, Director, Natural Resources and Environment: 

GAO-06-412T: 

GAO Highlights: 

Highlights of GAO-06-412T, a report to the Committee on the Judiciary, 
United States Senate: 

Why GAO Did This Study: 

Soaring retail gasoline prices, increased oil company profits, and 
mergers of large oil companies have garnered extensive media attention 
and generated considerable public concern. Gasoline prices impact the 
economy because of our heavy reliance on motor vehicles. According to 
the Department of Energy’s Energy Information Administration (EIA), 
each additional ten cents per gallon of gasoline adds about $14 billion 
to America’s annual gasoline bill. 

Given the importance of gasoline for the nation’s economy, it is 
essential to understand the market for gasoline and how prices are 
determined. In this context, this testimony addresses the following 
questions: (1) What factors affect gasoline prices? (2) What has been 
the pattern of oil company mergers in the United States in recent 
years? (3) What effects have mergers had on market concentration and 
wholesale gasoline prices? 

To address these questions, GAO relied on previous reports, including 
(1) a 2005 GAO primer on gasoline prices, (2) a 2005 GAO report on the 
proliferation of special gasoline blends, and (3) a 2004 GAO report on 
mergers in the U.S. petroleum industry. GAO also collected updated data 
from a number of sources that we deemed reliable. This work was 
performed in accordance with generally accepted government auditing 
standards. 

What GAO Found: 

Crude oil prices are the major determinant of gasoline prices. A number 
of other factors also affect gasoline prices including (1) refinery 
capacity in the United States, which has not expanded at the same pace 
as demand for gasoline and other petroleum products in recent years; 
(2) gasoline inventories maintained by refiners or marketers of 
gasoline, which as with trends in a number of other industries, have 
seen a general downward trend in recent years; and (3) regulatory 
factors, such as national air quality standards, that have induced some 
states to switch to special gasoline blends that have been linked to 
higher gasoline prices. Finally, the structure of the gasoline market 
can play a role in determining prices. For example, mergers raise 
concerns about potential anticompetitive effects because mergers could 
result in greater market power for the merged companies, potentially 
allowing them to increase prices above competitive levels. 

During the 1990s, the U.S. petroleum industry experienced a wave of 
mergers, acquisitions, and joint ventures, several of them between 
large oil companies that had previously competed with each other for 
the sale of petroleum products. During this period, more than 2,600 
merger transactions occurred—almost 85 percent of the mergers occurred 
in the upstream segment (exploration and production), while the 
downstream segment (refining and marketing of petroleum) accounted for 
about 13 percent, and the midstream segment (transportation) accounted 
for about 2 percent. Since 2000, we found that at least 8 additional 
mergers have occurred, involving different segments of the industry. 
Petroleum industry officials and experts we contacted cited several 
reasons for the industry’s wave of mergers since the 1990s, including 
increasing growth, diversifying assets, and reducing costs. 

Mergers in the 1990s contributed to increases in market concentration 
in the refining and marketing segments of the U.S. petroleum industry, 
while the exploration and production segment experienced little change 
in concentration. GAO evaluated eight mergers that occurred in the 
1990s after they had been reviewed by the FTC—the FTC generally reviews 
proposed mergers involving the petroleum industry and only approves 
such mergers if they are deemed not to have anticompetitive effects. 
GAO’s econometric modeling of these mergers showed that the majority 
resulted in small wholesale gasoline price increases. While mergers 
since 2000 also increased market concentration, we have not performed 
modeling on more recent mergers and thus cannot comment on any 
potential additional effect on wholesale gasoline prices. 

What GAO Recommends: 

www.gao.gov/cgi-bin/getrpt?GAO-06-412T. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Jim Wells at (202) 512-
3841 or wellsj@gao.gov. 

[End of section] 

Mr. Chairman and Members of the Committee: 

I am pleased to participate in the Committee's hearing to discuss the 
factors that influence gasoline prices, including oil company mergers. 
Soaring retail gasoline prices, increased oil company profits, and 
mergers of large oil companies have garnered extensive media attention 
and generated considerable public concern, particularly in the 
immediate aftermath of hurricanes Katrina and Rita. More recently, 
retail gasoline prices have fallen from those extremes but remain 
considerably higher than they were for much of the past decade. In 
2004, the United States consumed about 20.5 million barrels per day of 
crude oil accounting for roughly 25 percent of world oil production. 
About half of the crude oil consumed in this country goes into 
production of gasoline. High gasoline prices impact the economy because 
of our heavy reliance on motor vehicles--the United States consumes 
roughly 45 percent of all gasoline consumed in the world. To put this 
in context, according to the Department of Energy's Energy Information 
Administration (EIA), nationally, each additional ten cents per gallon 
of gasoline adds about $14 billion to America's annual gasoline bill. 

Data from the Energy Information Administration (EIA) indicate that 
there are currently 149 refineries in the United States with a total 
crude oil distillation capacity of about 16.9 million barrels per day. 
Demand for petroleum products has been rising at a faster rate than 
domestic refining capacity and the difference has come from imports, 
including gasoline from Europe. Although refining capacity has risen 
gradually since the mid 1980s as refineries are upgraded, no new major 
refinery has been built on the U.S. mainland in the last 25 years. 
Looking forward, domestic demand for petroleum products is projected to 
increase by about 20 percent by 2020, raising concerns about our 
ability to satisfy growing demand for gasoline and other petroleum 
products without increasingly relying on imports. 

Given the importance of gasoline for our economy, it is essential to 
understand the market for gasoline and how prices are determined. In 
this context, this testimony addresses the following questions: (1) 
What factors affect gasoline prices? (2) What has been the pattern of 
oil company mergers in the United States in recent years? (3) What 
effects have mergers had on market concentration and wholesale gasoline 
prices? 

To address these questions, we relied on previous GAO reports on 
gasoline prices and other aspects of the petroleum industry, including 
(1) a 2005 GAO primer on gasoline prices, (2) a 2005 GAO report on the 
proliferation of special gasoline blends, and (3) a 2004 GAO report on 
mergers in the U.S. petroleum industry.[Footnote 1] We also collected 
updated data from a number of sources that we deemed reliable. This 
work was performed in accordance with generally accepted government 
auditing standards. 

In summary we found the following: 

* Crude oil prices are the fundamental determinant of gasoline prices. 
A number of other factors also affect gasoline prices including (1) 
refinery capacity in the United States, which has not expanded at the 
same pace as demand for gasoline in recent years; (2) gasoline 
inventories maintained by refiners or marketers of gasoline, which have 
seen a general downward trend in recent years; and (3) regulatory 
factors, such as national air quality standards, that have induced some 
states to switch to special gasoline blends that have been linked to 
higher gasoline prices. Finally, the structure of the gasoline market 
can play a role in determining prices. For example, mergers raise 
concerns about potential anticompetitive effects because mergers could 
result in greater market power for the merged companies, potentially 
allowing them to increase prices above competitive levels. 

* The 1990s saw a wave of merger activity in which over 2600 mergers 
occurred involving all three segments of the U.S. petroleum industry-- 
almost 85 percent of the mergers occurred in the upstream segment 
(exploration and production), while the downstream segment (refining 
and marketing of petroleum) accounted for about 13 percent, and the 
midstream segment (transportation) accounted for about 2 percent. Since 
2000, we found that at least 8 additional mergers have occurred, 
involving different segments of the industry. 

* This wave of mergers contributed to increases in market concentration 
in the refining and marketing segments of the U.S. petroleum industry. 
Econometric modeling we performed of eight mergers that occurred in the 
1990s showed that the majority resulted in small wholesale gasoline 
price increases--changes were generally between about 1 and 7 cents per 
gallon. The 8 additional mergers since 2000 did increase the level of 
industry concentration. However, because we have not performed modeling 
on these mergers, we cannot comment on any potential additional effect 
on wholesale gasoline prices. 

Crude Oil Prices and Other Factors Affect Gasoline Prices: 

Crude oil prices are the fundamental determinant of gasoline prices. As 
figure 1 shows, crude oil and gasoline prices have generally followed a 
similar path over the past three decades and have risen considerably 
over the past few years. 

Figure 1: Gasoline and Crude Oil Prices--1976-2005 (Not adjusted for 
inflation): 

[See PDF for image] 

Source: GAO analysis of data from the Energy Information 
Administration, Department of Energy, Monthly Energy Review, Monthly 
Refiner Acquisition Cost of Crude Oil, Composite and Monthly Motor 
Gasoline Prices, U.S. City Averages, Regular Unleaded Gasoline. 

[End of figure] 

Refining capacity also plays a role in determining how gasoline prices 
vary across different locations and over time. Refinery capacity in the 
United States has not expanded at the same pace as demand for gasoline 
and other petroleum products in recent years. The American Petroleum 
Institute recently reported that U.S. average refinery capacity 
utilization has increased to 92 percent. As a result, domestic 
refineries have little room to expand production in the event of a 
temporary supply shortfall. Furthermore, the fact that imported 
gasoline comes from farther away than domestically produced gasoline 
means that when supply disruptions occur in the United States it might 
take longer to get replacement gasoline than if we had excess refining 
capacity in the United States. This could cause gasoline prices to rise 
and stay high until the imported supplies can reach the market. 

Gasoline inventories maintained by refiners or marketers of gasoline 
can also have an impact on prices. As have a number of other 
industries, the petroleum products industry has adopted so-called "just-
in-time" delivery processes to reduce costs leading to a downward trend 
in the level of gasoline inventories in the United States. For example, 
in the early 1980s private companies held stocks of gasoline in excess 
of 35 days of average U.S. consumption, while in 2004 these stocks were 
equivalent to less than 25 days consumption. While lower costs of 
holding inventories may reduce gasoline prices, lower levels of 
inventories may also cause prices to be more volatile because when a 
supply disruption occurs, there are fewer stocks of readily available 
gasoline to draw from, putting upward pressure on prices. 

Regulatory factors also play a role. For example, in order to meet 
national air quality standards under the Clean Air Act, as amended, 
many states have adopted the use of special gasoline blends--so-called 
"boutique fuels." As we reported in a recent study, there is a general 
consensus that higher costs associated with supplying special gasoline 
blends contribute to higher gasoline prices, either because of more 
frequent or more severe supply disruptions, or because higher costs are 
likely passed on, at least in part, to consumers. 

Finally, the structure of the gasoline market can play a role in 
determining prices. For example, mergers raise concerns about potential 
anticompetitive effects because mergers could result in greater market 
power for the merged companies, potentially allowing them to increase 
prices above competitive levels.[Footnote 2] On the other hand, mergers 
could also yield cost savings and efficiency gains, which may be passed 
on to consumers through lower prices. Ultimately, the impact depends on 
whether market power or efficiency dominates. 

Mergers Occurred in All Segments of the U.S. Petroleum Industry in 
Recent Years for Several Reasons: 

During the 1990s, the U.S. petroleum industry experienced a wave of 
mergers, acquisitions, and joint ventures, several of them between 
large oil companies that had previously competed with each other for 
the sale of petroleum products.[Footnote 3] More than 2,600 merger 
transactions have occurred since 1991 involving all three segments of 
the U.S. petroleum industry. Almost 85 percent of the mergers occurred 
in the upstream segment (exploration and production), while the 
downstream segment (refining and marketing of petroleum) accounted for 
about 13 percent, and the midstream segment (transportation) accounted 
for about 2 percent. The vast majority of the mergers--about 80 
percent--involved one company's purchase of a segment or asset of 
another company, while about 20 percent involved the acquisition of a 
company's total assets by another so that the two became one company. 

Most of the mergers occurred since the second half of the 1990s, 
including those involving large partially or fully vertically 
integrated companies. For example, in 1998 British Petroleum (BP) and 
Amoco merged to form BPAmoco, which later merged with ARCO, and in 1999 
Exxon, the largest U.S. oil company merged with Mobil, the second 
largest. Since 2000, we found that at least 8 large mergers have 
occurred. Some of these mergers have involved major integrated oil 
companies, such as the Chevron-Texaco merger, announced in 2000, to 
form ChevronTexaco, which went on to acquire Unocal in 2005. In 
addition, Phillips and Tosco announced a merger in 2001 and the 
resulting company, Phillips, then merged with Conoco to become 
ConocoPhillips. Independent oil companies have also been involved in 
mergers. For example, Devon Energy and Ocean Energy, two independent 
oil producers, announced a merger in 2003 to become the largest 
independent oil and gas producer in the United States. 

Petroleum industry officials and experts we contacted cited several 
reasons for the industry's wave of mergers since the 1990s, including 
increasing growth, diversifying assets, and reducing costs. Economic 
literature indicates that enhancing market power is also sometimes a 
motive for mergers, which could reduce competition and lead to higher 
prices. Ultimately, these reasons mostly relate to companies' desire to 
maximize profits or stock values. 

Mergers in the 1990s Increased Market Concentration and Led to Small 
Increases in Wholesale Gasoline Prices, but the Impact of More Recent 
Mergers is Unknown: 

Mergers in the 1990s contributed to increases in market concentration 
in the refining and marketing segments of the U.S. petroleum industry, 
while the exploration and production segment experienced little change 
in concentration. Econometric modeling we performed of eight mergers 
that occurred in the 1990s showed that the majority resulted in small 
wholesale gasoline price increases. The effects of some of the mergers 
were inconclusive, especially for boutique fuels sold in the East Coast 
and Gulf Coast regions and in California. While we have not performed 
modeling on mergers that occurred since 2000, and thus cannot comment 
on any potential additional effect on wholesale gasoline prices, these 
mergers would further increase market concentration nationwide since 
there are now fewer oil companies. 

Proposed mergers in all industries are generally reviewed by federal 
antitrust authorities--including the Federal Trade Commission (FTC) and 
the Department of Justice (DOJ)--to assess the potential impact on 
market competition and consumer prices. According to FTC officials, FTC 
generally reviews proposed mergers involving the petroleum industry 
because of the agency's expertise in that industry. To help determine 
the potential effect of a merger on market competition, FTC evaluates, 
among other factors, how the merger would change the level of market 
concentration. Conceptually, when market concentration is higher, the 
market is less competitive and it is more likely that firms can exert 
control over prices. 

DOJ and FTC have jointly issued guidelines to measure market 
concentration. The scale is divided into three separate categories: 
unconcentrated, moderately concentrated, and highly concentrated. The 
index of market concentration in refining increased all over the 
country during the 1990s, and changed from moderately to highly 
concentrated on the East Coast. In wholesale gasoline markets, market 
concentration increased throughout the United States between 1994 and 
2002. Specifically, 46 states and the District of Columbia had 
moderately or highly concentrated markets by 2002, compared to 27 in 
1994. 

While market concentration is important, other aspects of the market 
that may be affected by mergers also play an important role in 
determining the level of competition in a market. These aspects include 
barriers to entry, which are market conditions that provide established 
sellers an advantage over potential new entrants in an industry, and 
vertical integration. Mergers may have also contributed to changes in 
these aspects. However, we could not quantify the extent of these 
changes because of a lack of relevant data. 

To estimate the effect of mergers on wholesale gasoline prices, we 
performed econometric modeling on eight mergers that occurred during 
the 1990s: Ultramar Diamond Shamrock (UDS)-Total, Tosco-Unocal, 
Marathon-Ashland, Shell-Texaco I (Equilon), Shell-Texaco II (Motiva), 
BP-Amoco, Exxon-Mobil, and Marathon Ashland Petroleum (MAP)-UDS. 

* For the seven mergers that we modeled for conventional gasoline, five 
led to increased prices, especially the MAP-UDS and Exxon-Mobil 
mergers, where the increases generally exceeded 2 cents per gallon, on 
average. 

* For the four mergers that we modeled for reformulated gasoline, two-
-Exxon-Mobil and Marathon-Ashland--led to increased prices of about 1 
cent per gallon, on average. In contrast, the Shell-Texaco II (Motiva) 
merger led to price decreases of less than one-half cent per gallon, on 
average, for branded gasoline only. 

* For the two mergers--Tosco-Unocal and Shell-Texaco I (Equilon)--that 
we modeled for gasoline used in California, known as California Air 
Resources Board (CARB) gasoline, only the Tosco-Unocal merger led to 
price increases. The increases were for branded gasoline only and were 
about 7 cents per gallon, on average. 

Our analysis shows that wholesale gasoline prices were also affected by 
other factors included in the econometric models, including gasoline 
inventories relative to demand, supply disruptions in some parts of the 
Midwest and the West Coast, and refinery capacity utilization rates. 

Concluding Observations: 

Our past work has shown that, crude oil price is the fundamental 
determinant of gasoline prices. Refinery capacity, gasoline inventory 
levels and regulatory factors also play important roles. In addition, 
merger activity can influence gasoline prices. During the 1990s, 
mergers decreased the number of oil companies and refiners and our 
findings suggest that this change caused wholesale prices to rise. The 
impact of more recent mergers is unknown. While we have not performed 
modeling on mergers that occurred since 2000, and thus cannot comment 
on any potential additional effect on wholesale gasoline prices, these 
mergers would further increase market concentration nationwide since 
there are now fewer oil companies. 

Our analysis of mergers during the 1990s differs from the approach 
taken by the FTC in reviewing potential mergers because our analysis 
was retrospective in nature--looking at actual prices and estimating 
the impacts of individual mergers on those prices--while FTC's review 
of mergers takes place necessarily before the mergers. Going forward, 
we believe that, in light of our findings, both forward looking and 
retrospective analysis of the effects of mergers on gasoline prices are 
necessary to ensure that consumers are protected from anticompetitive 
forces. In addition, we welcome this hearing as an opportunity for 
continuing public scrutiny and discourse on this important issue. We 
encourage future independent analysis by the FTC or other parties, and 
see value in oversight of the regulatory agencies in carrying out their 
responsibilities. 

Regardless of the causes, high gasoline prices specifically, and high 
energy prices in general are a challenge for the nation. Rising demand 
for energy in the United States and across the world will put upward 
pressure on prices with potentially adverse economic impacts. Clearly 
none of the options for meeting the nation's energy needs are without 
tradeoffs. Current U.S. energy supplies remain highly dependent on 
fossil energy sources that are costly, imported, potentially harmful to 
the environment, or some combination of these three, while many 
renewable energy options are currently more costly than traditional 
options. Striking a balance between efforts to boost supplies from 
alternative energy sources and policies and technologies focused on 
improved efficiency of petroleum burning vehicles or on overall energy 
conservation present challenges as well as opportunities. How we choose 
to meet the challenges and seize the opportunities will help determine 
our quality of life and economic prosperity in the future. 

We are currently studying gasoline prices in particular, and the 
petroleum industry more generally, including an analysis of the 
viability of the Strategic Petroleum Reserve, an evaluation of world 
oil reserves, and an assessment of U.S. contingency plans should oil 
imports from a major oil producing country, such as Venezuela, be 
disrupted. With this body of work, we will continue to provide Congress 
and the American people the information needed to make informed 
decisions on energy that will have far-reaching effects on our economy 
and our way of life. 

Mr. Chairman, this completes my prepared statement. I would be happy to 
respond to any questions you or the other Members of the Subcommittee 
may have at this time. 

GAO Contacts and Staff Acknowledgments: 

For further information about this testimony, please contact me at 
(202) 512-3841 (or at wellsj@gao.gov ). Godwin Agbara, Samantha Gross, 
John Karikari, and Frank Rusco made key contributions to this 
testimony. 

FOOTNOTES 

[1] See U.S. GAO, Energy Markets: Effects of Mergers and Market 
Concentration in the U.S. Petroleum Industry, GAO-04-96 (Washington, 
D.C.: May 17, 2004); U.S. GAO, Motor Fuels: Understanding the Factors 
That Influence the Retail Price of Gasoline, GAO-05-525SP (Washington, 
D.C.: May 2, 2005); and U.S. GAO, "Gasoline Markets: Special Gasoline 
Blends Reduce Emissions and Improve Air Quality, but Complicate Supply 
and Contribute to Higher Prices," GAO-05-421, (Washington, D.C.: June 
17, 2005). 

[2] Federal Trade Commission and Department of Justice have defined 
market power for a seller as the ability profitably to maintain prices 
above competitive levels for a significant period of time. 

[3] We refer to all of these transactions as mergers.