S.146 - Railroad Antitrust Enforcement Act of 2009

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. view all titles (3)

All Bill Titles

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

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  • Past Seven Days: 4
  • All-Time: 5,866
 
Introduced
 
Senate
Passes
 
House
Passes
 
President
Signs
 

 
01/06/09
 
 
 
 
 
 
 

Official Summary

Railroad Antitrust Enforcement Act of 2009 - 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 pr

Official Summary

Railroad Antitrust Enforcement Act of 2009 - 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 railroad common carriers in antitrust suits 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. Makes such provision inapplicable to any transaction relating to the pooling of railroad cars approved by the STB or its predecessor agency.

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Organizations Supporting S.146

  • National Rural Electric Cooperative Association
  • Consumers United for Rail Equity
  • Oregon Wheat
  • American Corn Growers Association
  • American Agirculture Movement
  • American Chemistry Council
  • ...and 32 more. See all.

Organizations Opposing S.146

  • Association of American Railroads
  • Oliver Wyman
  • ABH Consulting
  • CSX
  • BNSF Railway Company
  • Union Pacific Railroad Company
  • ...and 1 more. See all.




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