```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1634 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1634

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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2015

 Ms. Klobuchar (for herself, Mr. Vitter, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Antitrust Enforcement Act 
of 2015''.

SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS.

    Section 16 of the Clayton Act (15 U.S.C. 26) is amended--
            (1) by striking ``That any person'' and inserting the 
        following:
    ``(a) In General.--Subject to subsection (c), any person'';
            (2) by striking ``proceedings,'' and inserting 
        ``proceedings.'';
            (3) by striking ``and upon'' and inserting the following:
    ``(b) Preliminary Injunction.--A preliminary injunction may be 
issued upon'';
            (4) by striking ``, a preliminary injunction may issue: 
        Provided, That nothing'' and all that follows through 
        ``subtitle IV of title 49, United States Code.'' and inserting 
        the following:
    ``(c) Savings Provision.--Nothing in this section may be construed 
to entitle any person, firm, corporation, or association, except the 
United States, to bring suit for injunctive relief against any common 
carrier subject to the jurisdiction of the Surface Transportation Board 
under part B or C of subtitle IV of title 49.''; and
            (5) by striking ``In any action'' and inserting the 
        following:
    ``(d) Costs and Attorney's Fees.--In any action''.

SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS.

    Section 7 of the Clayton Act (15 U.S.C. 18) is amended--
            (1) in the first undesignated paragraph, by striking ``That 
        no person'' and inserting the following:
    ``(a) No person'';
            (2) in the second undesignated paragraph, by striking ``No 
        person shall'' and inserting the following:
    ``(b) No person shall'';
            (3) in the third undesignated paragraph, by striking ``This 
        section'' and inserting the following:
    ``(c) This section'';
            (4) in the fourth undesignated paragraph, by striking ``Nor 
        shall anything herein contained be construed'' and inserting 
        the following:
    ``(d) Nothing in this section may be construed'';
            (5) in the fifth undesignated paragraph--
                    (A) by striking ``Nothing contained in this section 
                shall be held'' and inserting the following:
    ``(e) Nothing in this section--
            ``(1) shall be held''; and
                    (B) by striking ``acquired: Provided, That nothing 
                in this section shall be held or construed'' and 
                inserting the following: ``acquired; or
            ``(2) shall be held or construed''; and
            (6) by amending the sixth undesignated paragraph to read as 
        follows:
    ``(f) Nothing in this section shall apply to transactions duly 
consummated pursuant to authority given by the Secretary of 
Transportation, the Secretary of Agriculture, the Surface 
Transportation Board (except for transactions described in section 
11321 of title 49, United States Code), the Federal Energy Regulatory 
Commission in the exercise of its jurisdiction under the Public Utility 
Holding Company Act of 2005 (subtitle F of title XII of Public Law 109-
58), or the United States Maritime Commission under any law vesting 
such power in such Secretary, Board, or Commission.''.

SEC. 4. LIMITATION OF PRIMARY JURISDICTION.

    The Clayton Act (15 U.S.C. 12 et seq.) is amended--
            (1) by redesignating sections 26, 27, and 28 as sections 
        17, 18, and 19, respectively; and
            (2) by adding at the end the following:
    ``Sec. 21.  In any civil action against a common carrier railroad 
under section 4, 4C, 15, or 16, the district court shall not be 
required to defer to the primary jurisdiction of the Surface 
Transportation Board.''.

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 inserting ``(except for agreements described in 
section 10706 of that title and transactions described in section 11321 
of that title)'' after ``United States Code''.
    (b) FTC Act.--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) in subsection (a), by striking ``Except as provided in 
        subsection (b)'' and inserting ``Except as provided in 
        subsection (c)'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Subsection (a) shall apply to any common carrier railroad 
subject to the jurisdiction of the Surface Transportation Board under 
subtitle IV of title 49, United States Code, without regard to whether 
such railroad has filed rates or whether a complaint challenging a rate 
has been filed.''.

SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE 49, UNITED STATES CODE.

    (a) In General.--Section 10706 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(A), by striking ``, and the 
                Sherman Act'' and all that follows through ``carrying 
                out the agreement'';
                    (B) in paragraph (4), by striking ``The Sherman 
                Act'' and all that follows through ``such agreement. 
                However the Board'' and inserting ``The Board''; and
                    (C) 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''; 
                and
            (2) by amending subsection (e) to read as follows:
    ``(e)(1) Nothing in this section may be construed to exempt 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 et 
seq.), 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 et seq.).
    ``(2) In reviewing any such proposed agreement for the purpose of 
any provision of law described in paragraph (1), the Board shall take 
into account, among other considerations, the impact of the proposed 
agreement on shippers, consumers, and affected communities.''.
    (b) Combinations.--Section 11321 of title 49, United States Code, 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``The authority'' and inserting 
                ``Except as provided in sections 4, 4C, 15, and 16 of 
                the Clayton Act (15 U.S.C. 15, 15c, 25, and 26), the 
                authority''; and
                    (B) by striking ``is exempt from the antitrust laws 
                and from all other law,'' and inserting ``is exempt 
                from any other law (except the antitrust laws referred 
                to in subsection (c)),''; and
            (2) by adding at the end the following:
    ``(c)(1) Nothing in this section may be construed to exempt 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 et 
seq.), 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 et seq.).
    ``(2) Paragraph (1) 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.
    ``(3) In reviewing any such transaction for the purpose of any 
provision of law described in paragraph (1), the Board shall take into 
account, among other considerations, the impact of the transaction on 
shippers and on affected communities.''.
    (c) Conforming Amendments.--Chapter 107 of title 49, United States 
Code, is amended--
            (1) in the table of sections, by striking the item relating 
        to section 10706 and inserting the following:

``10706. Rate agreements.''.
            (2) in section 10706, by amending the section heading to 
        read as follows: ``Rate agreements''.

SEC. 8. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act 
shall take effect on the date of the enactment of this Act.
    (b) Conditions.--
            (1) Previous conduct.--A civil action under section 4, 15, 
        or 16 of the Clayton Act (15 U.S.C. 15, 25, and 26) or a 
        complaint under section 5 of the Federal Trade Commission Act 
        (15 U.S.C. 45) may not be filed with respect to any conduct or 
        activity that occurred before the date of the enactment of this 
        Act that was previously exempted from the antitrust laws (as 
        defined in the first section of the Clayton Act (15 U.S.C. 12)) 
        by orders of the Interstate Commerce Commission or the Surface 
        Transportation Board issued pursuant to law.
            (2) Grace period.--A civil action or complaint described in 
        paragraph (1) may not be filed before the date that is 180 days 
        after the date of the enactment of this Act with respect to--
                    (A) any previously exempted conduct or activity; or
                    (B) any previously exempted agreement that is 
                continued subsequent to such date of enactment.
                                 <all>
```