The fact that there are so few operating refineries probably is the biggest factor.
It would cost a fortune to open a new refinery even if you could get past the regulatory hurdles. That gives a lot of pricing power to the few producers that already have their refineries in operation (As it should).
If you really believe that "Big Oil" is price gouging and by default "unfairly profitable" then put your money where your mouth is and buy the "Big Oil" stocks.
That's the great thing about capitalism: Wealth gets spread around to those who really want it and take action to go for it. Wealth gets taken from those who are to lazy to chase it.
Should laziness be rewarded?
Hell no.
