H.R.233 - Railroad Antitrust Enforcement Act of 2009

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. view all titles (3)

All Bill Titles

  • Official: 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. as introduced.
  • Short: Railroad Antitrust Enforcement Act of 2009 as introduced.
  • Short: Railroad Antitrust Enforcement Act of 2009 as reported to house.

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  • Past Seven Days: 1
  • All-Time: 10,044
 
Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
01/07/09
 
 
 
 
 
 
 

Official Summary

Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to remove an exemption from coverage under the federal antitrust laws with respect to mergers and acquisitions involving rail carriers. Removes from the Surface Transportation Board (STB) the authority to enforce federal an

Official Summary

Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to remove an exemption from coverage under the federal antitrust laws with respect to mergers and acquisitions involving rail carriers. Removes from the Surface Transportation Board (STB) the authority to enforce federal antitrust laws with respect to rail carriers (thus vesting such authority in the federal antitrust agencies). Removes:
(1) the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws; and
(2) the rail carrier exemption from the Federal Trade Commission (FTC) prohibition against unfair methods of competition. Amends federal transportation law to terminate the exemptions from antitrust laws for rail carriers, including mergers and acquisitions and ratemaking agreements. Requires the STB, when reviewing a proposed rate agreement, to take into account its impact upon shippers, consumers, and affected communities, and to make findings regarding such impact, which shall be made part of the administrative record. Makes federal antitrust laws applicable to rail carriers regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed. Provides that, in any civil action against a rail carrier, the U.S. district court shall retain the discretion to defer to the jurisdiction of the STB. Sets forth an effective date for this Act as the date of enactment, but provides a 180-day grace period for conduct that was exempted under the antitrust laws before such date of enactment.

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Organizations Supporting H.R.233

  • American Public Power Association
  • Consumer Federation of America
  • American Corn Growers Association
  • Edison Electric Institute
  • American Coalition for Ethanol
  • National Farmers Union
  • ...and 8 more. See all.

Organizations Opposing H.R.233

  • Association of American Railroads
  • Transportation Communications International Union
  • Union Pacific Corporation




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