HR 1650 IH

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.CommentsClose CommentsPermalink

March 22, 2007CommentsClose CommentsPermalink

Ms. BALDWIN (for herself, Mr. ALEXANDER, Mr. POMEROY, Mr. WALZ of Minnesota, and Mr. BAKER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `‘Railroad Antitrust Enforcement Act of 2007'8’. CommentsClose CommentsPermalink

SEC. 2. INJUNCTIONS AGAINST RAILROADAPPLICATION OF THE ANTITRUST LAWS TO RAIL COMMON CARRIERS.

(a) Application of the Antitrust Laws- The proviso in section 16 of the Clayton Act (15 U.S.C. 26) ending with `Code.' is amended to read as follows: `Provided, That nothing herein containedantitrust laws shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against anyapply to a common carrier that is not aby railroad that is subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code.', without regard to whether such common carrier filed a rate or whether a complaint challenging a rate is filed. CommentsClose CommentsPermalink





(b) Definition- The term ‘antitrust laws’ has the meaning given it in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), but includes section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition. CommentsClose CommentsPermalink

SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS.

The sixthlast undesignated paragraph of section 7 of the Clayton Act (15 U.S.C. 18) is amended to read as follows:`Nothing contained in this section shall apply toby inserting ‘(excluding transactions duly consummated pursuant to authority given by the Secretary of Transportation, Federal Power Commission, Surface Transportation Board (except for agreements described in section 107061321 of title 49, of the United States Code,)’ after ‘Surface Transportation Board’. CommentsClose CommentsPermalink

Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by inserting ‘(excluding agreements described in section 10706 of such title and transactions described in section 11321 of that title), the Securities and Exchange Commission in the exercise of its jurisdiction under section 10 (of the Public Utility Holding Company Act of 1935), the United States Maritime Commission, or the Secretary of Agriculture under any statutory provision vesting such power in the Commission, Board, or Secretary.'such title)’ after ‘Code’. CommentsClose CommentsPermalink

The proviso in section 16 of the Clayton Act (15 U.S.C. 26) is amended by inserting ‘(excluding a common carrier by railroad)’ after ‘Board’. CommentsClose CommentsPermalink

SEC. 4. LIMITATION6. REMOVAL OF PRIMARY JURISDICTION AS LIMITATION.

The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the end thereof the following: CommentsClose CommentsPermalink





`‘Sec. 29. In any civil action against a common carrier railroad under section 4, 4A, 4C, 15, or 16 of this Act, the district court shall not be required to defer to the primary jurisdiction of the Surface Transportation Board.'’. CommentsClose CommentsPermalink

SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT.(a) Clayton Act- Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by striking `subject to jurisdiction' and all that follows through the first semicolon and inserting `subject to jurisdiction under subtitle IV of title 49, United States Code (except for agreements described in section 10706 of that title and transactions described in section 11321 of that title);'.(b) FTC Act- 7. UNFAIR METHODS OF COMPETITION.

Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by striking `common carriers subject' and inserting `common carriers, except for railroads, subject'.SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS.Section 4 of the Clayton Act (15 U.S.C. 15) is amended by--(1) redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and(2) inserting after subsection (a) the following:`(b) Subsection (a) shall apply toadding at the end the following: CommentsClose CommentsPermalink





‘For purposes of this paragraph with respect to unfair methods of competition, the term ‘common carrier’ excludes a common carriers by rail subject to the by railroad that is subject to jurisdiction of the Surface Transportation Board under subtitle IV of title 49, of the United States Code, without regard to whether such railroads have filed rates or whether a complaint challenging a rate has been filed.'.’. CommentsClose CommentsPermalink

SEC. 78. TERMINATION OF EXEMPTIONS IN TITLE 49.

(a) In General-Section 10706 of title 49, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) in the 3d sentence of paragraph (2)(A), by striking ` by striking ‘, and the Sherman Act (15 U.S.C. 1 et seq.),'’ and all that follows through `‘or carrying out the agreement' in the third sentence;’, CommentsClose CommentsPermalink





(B) in paragraph (4)-- CommentsClose CommentsPermalink





(i) by striking the second sentence; and(ii) by striking `However, the' in the third sentence and inserting `The';2d sentence, and CommentsClose CommentsPermalink





(ii) in the 3d sentence by striking ‘However, the’ and inserting ‘The’, and CommentsClose CommentsPermalink





(C) in paragraph (5)(A), by striking ` by striking ‘, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement'; and(2’, CommentsClose CommentsPermalink





(2) in subsection (d) by striking the last sentence, and CommentsClose CommentsPermalink





(3) by striking subsection (e) and inserting the following: CommentsClose CommentsPermalink





`(e) Application of Antitrust Laws-`(1) IN GENERAL-‘(e) Nothing in this section exempts a proposed agreement described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act, but including section 5 of the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a).`(2) ANTITRUST ANALYSIS TO CONSIDER IMPACT-to the extent such section 5 applies to unfair methods of competition). CommentsClose CommentsPermalink





‘(f) In reviewing any such proposed agreement for the purpose of any provision of law described in paragraph (1), the Board and any other reviewing agencydescribed in subsection (a), the Board shall take into account, among any other considerations, the impact of the proposed agreement on shippers, on consumers, and on affected communities.' The Board shall make findings regarding such impact, which shall be-- CommentsClose CommentsPermalink





‘(1) made part of the administrative record; CommentsClose CommentsPermalink





‘(2) submitted to any other reviewing agency for consideration in making its determination; and CommentsClose CommentsPermalink





‘(3) available in any judicial review of the Board’s decision regarding such agreement.’. CommentsClose CommentsPermalink





(b) Combinations-Section 11321 of title 49, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) by striking `The authority' in the first sentence and inserting `‘The authority’ and inserting ‘Except as provided in sections 4 (15 U.S.C. 15), 4C (15 U.S.C. 15c), section 15 (15 U.S.C. 25), and section 16 (15 U.S.C. 26) of the Clayton Act (15 U.S.C. 21(a)), the authority'; and(B) by striking `, 4A, 4C, 15, and 16 of the Clayton Act, the authority’; and CommentsClose CommentsPermalink





(B) in the 3d sentence by striking ‘is exempt from the antitrust laws and from all other law,' in the third sentence and inserting `’ and inserting ‘is exempt from all other law (except the antitrust laws referred to in subsection (c)),';laws referred to in subsection (c)),’, and CommentsClose CommentsPermalink





(2) by adding at the end the following: CommentsClose CommentsPermalink





`(c) Application of Antitrust Laws-`(1) IN GENERAL-‘(c) Nothing in this sectionubchapter exempts a transaction described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act, but including section 5 of the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8-9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a).`(2) ANTITRUST ANALYSIS TO CONSIDER IMPACT- In reviewing any suchto the extent such section 5 applies to unfair methods of competition). The preceding sentence shall not apply to any transaction for the purpose of any provision of law described in paragraph (1), the Board and any other reviewingrelating to the pooling of railroad cars approved by the Surface Transportation Board or its predecessor agency pursuant to section 11322. CommentsClose CommentsPermalink





‘(d) In reviewing any transaction described in subsection (a), the Board shall take into account, among any other considerations, the impact of the transaction on shippers and on affected communities.'’. CommentsClose CommentsPermalink





(c) Conforming Amendments- CommentsClose CommentsPermalink





(1) HEADING- The heading forsection 10706 of title 49, United States Code, is amended to read as follows: `Rate agreements'‘Rate agreements’. CommentsClose CommentsPermalink





(2) ANALYSIS OF SECTIONS- The item relating to such section in the chapter analysis at the beginninganalysis of sections of chapter 107 of such title is amended to read as follows:`by striking the item relating to section 10706 and insert the following: CommentsClose CommentsPermalink





‘10706. Rate agreements.'’. CommentsClose CommentsPermalink

SEC. 89. EFFECTIVE DATE.

(a) In General- Subject to the provisions ofExcept as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. CommentsClose CommentsPermalink





(b) Conditions-(1) PREVIOUS CONDUCTLimitation- A civil action under section 4, 15, or 16 of the Clayton Act (15 U.S.C.4A, 4C, 15, 25, 26) oror 16 of the Clayton Act, or a complaint under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition, may not be filed with respect to any conduct or activity thatoccurred prior to-- CommentsClose CommentsPermalink





(1) occurs before the expiration of the 180-day period beginning on the date of enactment of this Act that; and CommentsClose CommentsPermalink





(2) was previously exempted from the antitrust laws as defined in section 1exempted from the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12) by orders(a)), but including section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition) by an order of the Interstate Commerce Commission or the Surface Transportation Board issued before the date of the enactment of this Act and pursuant to law. CommentsClose CommentsPermalink

(2) GRACE PERIOD Union Calendar No. 556 CommentsClose CommentsPermalink

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 any previously exempted conduct or activity or previously exempted agreement that is continued subsequent to the date of enactment of this Act.railroads.CommentsClose CommentsPermalink