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). 
‘‘(f) In reviewing any proposed agreement described in 
subsection (a), the Board shall take into account, among 
any other considerations, the impact of the proposed agree-
ment on shippers, consumers, and affected communities. 
The Board shall make findings regarding such impact, 
which shall be— 
‘‘(1) made part of the administrative record; 
‘‘(2) submitted to any other reviewing agency for 
consideration in making its determination; and 
‘‘(3) available in any judicial review of the 
Board’s decision regarding such agreement.’’. 
(b) COMBINATIONS.—Section 11321 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘The authority’’ and insert-
ing ‘‘Except as provided in sections 4, 4A, 4C, 
15, and 16 of the Clayton Act, the authority’’; 
and 
(B) in the 3d sentence by striking ‘‘is ex-
empt from the antitrust laws and from all other 
law,’’ and inserting ‘‘is exempt from all other 
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law (except the laws referred to in subsection 
(c)),’’, and 
(2) by adding at the end the following: 
‘‘(c) Nothing in this subchapter exempts a transaction 
described in subsection (a) from the application of the anti-
trust 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. 
‘‘(d) In reviewing any transaction described in sub-
section (a), the Board shall take into account, among any 
other considerations, the impact of the transaction on ship-
pers and affected communities.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) HEADING.—The heading for section 10706 of 
title 49, United States Code, is amended to read as 
follows: ‘‘Rate agreements’’. 
(2) 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.’’. 
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SEC. 9. EFFECTIVE DATE. 
(a) 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. 
(b) 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— 
(1) occurs before the expiration of the 180-day 
period beginning on the date of enactment of this Act; 
and 
(2) was exempted from the antitrust laws (as de-
fined in subsection (a) of the 1st section of the Clay-
ton 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. 
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