What follows is a long response to a writer I know who has a deep, long standing, well informed and occasionally controversial interest in the oil markets.
It's not called the "Brent Complex" for nothing! I often assume more familiarity than exists.
I am conscious that my own knowledge has not kept up with recent developments in the market and have been busy researching and trying to get my head around the current structure.
Early Days
By way of a history, the "Brent 15 Day" contract was a set of contract terms developed by Shell in the late 70's / early 80's which- unusually - allowed the resale of "Cargo -size" parcels of crude oil produced by their North Sea Brent crude oil field.
A market in these forward contracts rapidly developed, assisted by rampant tax "spinning" ie sale and repurchase of forward contracts successfully (albeit only temporarily!) aimed at exploiting tax loopholes.
This Shell 15 Day Brent contract essentially specifies a contract month within which - after a certain "expiry date" in the month before delivery - buyers may give 15 Days' notice of their intention to "lift" crude oil within a nominated 3 day delivery "window". Once buyers have specified this "window" pursuant to a Brent contract, then the contract becomes what is known as "Dated" and the cargo becomes "Wet".
The purchase and sale of Dated Brent cargoes is as close as one gets to buying "Spot" Brent crude oil on a market.
Enter IPE
In the late 1980's, the IPE tried twice to introduce standardised physically deliverable Brent Crude Oil futures contracts, and failed because of incompatibilities between the 1000 barrel contract size and the delivery size of 500,000 barrels, combined with excessive "operational tolerances" in deliveries (ie the seller could deliver 500,000 barrels plus or minus a 5% age delivery tolerance, recently reduced to 1%)
So the IPE introduced in the end a futures contract which was "cash settled" on the expiry date some six weeks before the relevant contract month. It was settled against an "Index" of the prices reported by market observers like Platts (in particular), Argus and others.
Platts are hugely important in the oil market and it is their "assessment" of the Dated Brent price against which 65% of global crude oil is priced. Platts have always had an interest in solving problems in the Brent market as they developed, and try fastidiously to be perceived as "neutral".
Through the late 1990's the decline in Brent Crude Oil production was already causing problems, because market players would often try and "squeeze" the market by buying up as many forward cargoes as they could, and then "squeezing" financial players/traders, who had speculatively sold 15 Day contracts in respect of oil they did not have.
Also during this period- which was my time at IPE - new trading tools developed to enable market players to "hedge" the price risk they had between the expiry of the IPE contract and the actual "Dated" delivery.
The major bust up I was involved in a few years after I left IPE related to manipulation of the IPE contract daily settlement price. This was "micro" (short term) manipulation, as distinct from major market medium term plays involving big trading positions, which I characterise as "macro" manipulation.
This "micro" manipulation created losses for the traders "on-exchange" which were more than offset by profits "off-exchange" on contracts or instruments that were priced against IPE contract settlement prices, ie a "sprat to catch a mackerel".
As you know, my allegations were rejected (albeit they were absolutely correct and well founded, and since confirmed) and I was professionally buried and discredited.
Developments Post 2001
Since then, the Brent field has continued its secular decline and not only have additional oil fields (Forties was introduced to the IPE contract spec during my time at IPE, and Oseberg since, to give rise to the "BFO" acronym) been brought in within the "Complex" but also the trading mechanism has developed in subtle but important ways.
This paper on BFO from Platts is excellent and pretty much definitive
Introducing BFO
also
BFO FAQ's
is a good description of the market structure as it has now evolved.
This
Clash of the Titans
was an interesting description of the struggle between BP and Shell in relation to the evolution of the contract. It is not clear to me exactly who, if either, actually "won".
Also an informative link in relation to the esoteric - but very important - "Contract for Difference" market which allows the price risk to be managed, and without which financial market players ("Wall Street Refiners") could not operate.
Brent CFD's
So we have seen some important developments in recent years to give rise to a BFO complex, and a plethora of trading in the ICEFutures cash settled "BFO contract" as it technically now is, and the re-jigged "BFO" market itself.
Brent/WTI
The physically deliverable WTI itself has become increasing irrelevant (as WTI itself - like Brent, declined) and during the last few years has essentially become an adjunct to Brent through a massive trading mechanism known as the Brent/WTI Arbitrage.
This article - ironically by Hess, in my experience one of the "usual suspects" on the market - is useful background on the situation some seven years ago
Brent/WTI Arbitrage 2001
and things have moved massively against NYMEX since then, as a large part of WTI trading migrated to ICEFutures in London, following the "London exemption" to CFTC speculative position limits (where I am reserving judgement).
This article last year is good
Clash of the Titans - Round Two
The BP/ Goldman complex
BP and Goldman are joined at the hip, both in governance terms - which is a matter of record (ie same Chairman, common Directors etc): and in economic terms both have made massive profits from energy trading - profits are how you reach the top in Goldman, and energy trading has always been Blankfein and Cohn's show.
Structurally BP have always been massively "short" of the BFO market, since they have always "hedged" their Forties and other production using the IPE/ICEFutures contracts and associated trading tools to do so.
Goldman,on the other hand has long had its massively successful GSCI and huge amounts of money have been invested in funds which are "invested" in Brent and WTI contracts and "rolled over" every month.
Goldman's trading arm J Aron has routinely "Date Raped" these positions as they roll over. See John Dizard, here.
Date rape
Goldman was also making routine use of the IPE settlement trading loophole I exposed, but that fact was buried.
But that IMHO is nothing to what has been going on between these two, in the last 10years.
Evolution of Manipulation - From Micro to Macro?
I believe that BP and Goldman's "matched" long/short Brent/BFO position has allowed them to act jointly as something of a fulcrum for manipulation. So that when one of them "bids up" the market - possibly losing money in doing so - the other will make matching profits, which it could -were it so minded - reimburse with "wash trades" (ie laundering) trades "off exchange".
Both parties would then benefit from the fact that this artificially induced volatility made them profits on their "off-exchange" dealings eg they could sell options at overpriced premiums because the volatility was artificially high. Also hedgers using OTC deals with one leg based on the IPE contracts would lose out because their hedging loss would be greater, or hedging profit less, than it should have been.
Both made lots of money in this way while the market was in oversupply and relatively stable.
In the early 2000's we saw the entry of hedge funds - speculative money - into the market, and BP/Goldman etc essentially lost control of short term market pricing (medium and long term pricing has always been about supply and demand). What happened is that they now make vast profits as counterparties for these hedge funds, utilising sharing of superior market knowledge, and the positions held by speculators.
I strongly suspect and I am purely speculating here as I haven't thought this through yet - that post 2004 BP attained a greater measure of control of the Brent /BFO pricing complex and continue to act in close (probably tacit) collusion with Goldman utilising the ICEFutures platform to manipulate markets.
Moreover, I think that they have been able to move on from "micro" short term manipulation to "Macro" medium term manipulation by using a combination of BP's Forties production, and Goldman's speculative GSCI investors as a base to keep the price artificially high.
How "sustainable" is this in the long term?
That ties in to the whole Peak Oil question, of course.
A good example was the 1985 Tin Crisis when the cartel of producer nations which kept the price artificially high eventually ran up against a tidal wave of new production which they could no longer afford to stockpile.
I don't see that happening in crude oil, frankly: sure there is lots of crude oil, but the low hanging fruit is long since gone, and I think that in terms of production levels, this is pretty much as good as it gets.
Demand destruction is another issue, and takes time to occur, but nowhere near as long as new production. If and when the market is in oversupply then the end of this manipulated "Bubble" will happen fast, as it did in the Tin Crisis, and quite likely take the Clearing Houses with it
I hope that all makes sense.
In terms of strategic interests of course the producers (Norway in particular, Russia and many Gulf producers) will be quite happy to see these high prices, and would see the billions made by intermediaries as a small price to pay.
The real losers are the consumers - first and foremost the US, and then China and Japan. The US and China have a common interest on sorting this out.
The US Congress and Senate are looking in the wrong place for culprits IMHO.
Irrespective of the value of position limits as a tool to limit manipulation (where I have my doubts) the embarrassing fact for NYMEX and the US is that the WTI contract is these days the tail, and the ICEFutures BFO contract the dog.
Note that I made no reference (for reasons I will not bore you with) to increasing demand from China etc.
This response was not, at the end of the day, about Peak Oil, and perhaps any comments in relation to that aspect might usefully be directed to another Diary?