IB
Union Calendar No. 556
110th CONGRESS
2d Session
H. R. 1650
[Report No. 110–860, Part I]
IN THE HOUSE OF REPRESENTATIVES
March 22, 2007
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 concerned
September 18, 2008
Reported from the Committee on the Judiciary with an amendment
Strike out all after the enacting clause and insert the part printed in italic
September 18, 2008
Committees on Transportation and Infrastructure and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
For text of introduced bill, see copy of bill as introduced on March 22, 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.
Short title
This Act may be cited as the Railroad Antitrust Enforcement Act of 2008
.
Application of the antitrust laws to rail common carriers
Application of the antitrust laws
The antitrust laws shall apply to a common carrier by 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.
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.
Mergers and acquisitions of railroads
The last undesignated paragraph of section 7 of the Clayton Act (15 U.S.C. 18) is amended by inserting (excluding transactions described in section 11321 of title 49 of the United States Code)
after Surface Transportation Board
.
Antitrust enforcement authority
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 such title)
after Code
.
Injunctions against railroad common carriers
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
.
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:
In any civil action against a common carrier railroad under section 4, 4A, 4C, 15, or 16, the district court shall not be required to defer to the jurisdiction of the Surface Transportation Board.
.
Unfair methods of competition
Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by adding at the end the following:
For purposes of this paragraph with respect to unfair methods of competition, the term common carrier
excludes a common carrier by railroad that is subject to jurisdiction of the Surface Transportation Board under subtitle IV of title 49 of the United States Code.
.
Termination of exemptions in title 49
In general
Section 10706 of title 49, United States Code, is amended—
in subsection (a)—
in the 3d sentence of paragraph (2)(A) by striking , and the Sherman Act (15 U.S.C. 1 et seq.),
and all that follows through or carrying out the agreement
,
in paragraph (4)—
by striking the 2d sentence, and
in the 3d sentence by striking However, the
and inserting The
, and
in paragraph (5)(A) 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
,
in subsection (d) by striking the last sentence, and
by striking subsection (e) and inserting the following:
Nothing in this section exempts a proposed agreement described in subsection (a) from the application of 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 to the extent such section 5 applies to unfair methods of competition).
In reviewing any proposed agreement described in subsection (a), the Board shall take into account, among any other considerations, the impact of the proposed agreement on shippers, consumers, and affected communities. The Board shall make findings regarding such impact, which shall be—
made part of the administrative record;
submitted to any other reviewing agency for consideration in making its determination; and
available in any judicial review of the Board’s decision regarding such agreement.
.
Combinations
Section 11321 of title 49, United States Code, is amended—
in subsection (a)—
by striking The authority
and inserting Except as provided in sections 4, 4A, 4C, 15, and 16 of the Clayton Act, the authority
; and
in the 3d sentence by striking is exempt from the antitrust laws and from all other law,
and inserting is exempt from all other law (except the laws referred to in subsection (c)),
, and
by adding at the end the following:
Nothing in this subchapter exempts a transaction described in subsection (a) from the application of 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 to the extent such section 5 applies to unfair methods of competition). The preceding sentence shall not apply to any transaction relating to the pooling of railroad cars approved by the Surface Transportation Board or its predecessor agency pursuant to section 11322.
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 affected communities.
.
Conforming amendments
Heading
The heading for section 10706 of title 49, United States Code, is amended to read as follows: Rate agreements
.
Analysis of sections
The analysis of sections of chapter 107 of such title is amended by striking the item relating to section 10706 and insert the following:
10706. Rate agreements.
.
Effective date
In general
Except 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.
Limitation
A civil action under section 4, 4A, 4C, 15, or 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 that—
occurs before the expiration of the 180-day period beginning on the date of enactment of this Act; and
was exempted from the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(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.
September 18, 2008
Reported from the Committee on the Judiciary with an amendment
September 18, 2008
Committees on Transportation and Infrastructure and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed