Railroad Antitrust Enforcement Act of 2007

A bill to amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads.

12/19/2007--Reported to Senate amended. Railroad Antitrust Enforcement Act of 2007 - Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against a common carrier that is not a rail common carrier subject to the jurisdiction of the Surface Transportation Board (STB). Revises provisions prohibiting anticompetitive transactions except for those approved by specified federal agencies acting under certain statutes to eliminate the exemption for certain STB approved transactions. Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB. Empowers the Federal Trade Commission (FTC) to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions. Permits treble damages against a railroad common carrier in an antitrust suit to parties injured by antitrust violations without regard to whether such railroads have filed rates or whether a complaint challenging rates has been filed. Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements. Requires the STB, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities. Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws. Provides an exception with respect to any transaction relating to the pooling of railroad cars approved by the STB or its predecessor agency.


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Sponsor

• Sen. Herbert Kohl [D, WI]
• and 11 Co-Sponsors
  • Sen. Joseph Biden [D, DE]
  • Sen. Norm Coleman [R, MN]
  • Sen. Byron Dorgan [D, ND]
  • Sen. Russell Feingold [D, WI]
  • Sen. Thomas Harkin [D, IA]
  • Sen. Amy Klobuchar [D, MN]
  • Sen. Patrick Leahy [D, VT]
  • Sen. Blanche Lincoln [D, AR]
  • Sen. John Rockefeller [D, WV]
  • Sen. Charles Schumer [D, NY]
  • Sen. David Vitter [R, LA]
  close

Committees

• Senate Judiciary
• 2 more
  • Senate Judiciary
  • Senate Judiciary
  close

Amendments

This bill has no amendments.

Amendments to S.772

Number	Status	Purpose

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
March 06, 2007

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All Bill Actions

• Added to calendar on Dec 19, 2007: Placed on Senate Legislative Calendar under General Orders. Calendar No. 551..
• Dec 19, 2007: Committee on the Judiciary. Reported by Senator Leahy with amendments. With written report No. 110-252.
• Oct 23, 2007: Committee on Commerce, Science, and Transportation Senate Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security. Hearings held.
• Oct 03, 2007: Subcommittee on Antitrust, Competition Policy and Consumer Rights. Date of scheduled hearing. SD-226. 10:30 a.m.
• Oct 03, 2007: Committee on the Judiciary. Hearings held.
• Sep 20, 2007: Committee on the Judiciary. Ordered to be reported with an amendment favorably.
• Sep 20, 2007: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Sep 06, 2007: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Mar 07, 2007: Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights. Hearings held.
• Mar 06, 2007: Read twice and referred to the Committee on the Judiciary.
• Mar 06, 2007: Sponsor introductory remarks on measure. (CR S2708)
• Introduced on Mar 06, 2007.
• Mar 06, 2007: Introductory remarks on measure. (CR S2708)

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Related Bills:

• H.R.1650

Related Issue Areas:

• Business
• Actions and defenses
• Antitrust law
• Damages
• 7 more
• Injunctions
• Law
• Limitation of actions
• Railroad freight operations
• Railroad mergers
• Railroad rates
• Transportation

Data from the Congressional Research Service

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In the News

September 20, 2007 Senate Judiciary Targets Railroads Unfair Antitrust Exemptions

The Railroad Antitrust Enforcement Act of 2007 (S. 772) was ordered reported to the full Senate by the Committee today by a bipartisan voice vote. ...

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Source: PR Newswire (press release), NY

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Blog Coverage

August 21, 2008 TX SEN: Cornyn Pens Fiction About A Record Of “Health Care Reform”

The Workforce Health Improvement Program (S.772, Introduced 4/13/05. Died in Committee.) The Alternative Pluripotent Stem Cell Therapies Act (S.2754, Introduced: 5/5/06. Failed 7/18/06.) The Wired for Health Care Quality Act (S.1418, ...

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Source: Capitol Annex

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August 18, 2008 08-18-08 Rail Antitrust Exemptions Being Scrutinized

A set of companion bills in the House and Senate, S. 772 and HR 1650, would eliminate antitrust exemptions for the freight rail industry. The American Farm Bureau Federation has written to members of Congress urging them to support ...

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June 24, 2008 Relazione sull’attività del Dipartimento Democrazia e politiche ...

S. 772) relativo alla delega per la riforma dei servizi pubblici locali, si era invitato Francesco Manna per avere una discussione interdipartimentale, ma non essendo venuto si è preferito soprassedere sulla base delle considerazioni ...

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Source: Archivio VII Congresso Prc

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