IB 
Union Calendar No. 556 
110TH CONGRESS 
2D SESSION 
H. R. 1650 
[Report No. 110–860, Part I] 
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 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 re-
ferred to the Committee on the Judiciary, and in addition to the Commit-
tees 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 
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that are contrary to the public interest with respect 
to railroads. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Railroad Antitrust En-
forcement Act of 2008’’. 
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO RAIL 
COMMON CARRIERS. 
(a) 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 Transpor-
tation 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. 
(b) 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. 
SEC. 3. 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 ‘‘(ex-
cluding transactions described in section 11321 of title 49 
of the United States Code)’’ after ‘‘Surface Transportation 
Board’’. 
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SEC. 4. 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’’. 
SEC. 5. INJUNCTIONS AGAINST RAILROAD COMMON CAR-
RIERS. 
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’’. 
SEC. 6. REMOVAL OF PRIMARY JURISDICTION AS LIMITA-
TION. 
The Clayton Act (15 U.S.C. 12 et seq.) is amended by 
adding at the end thereof the following: 
‘‘SEC. 29. In any civil action against a common car-
rier 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.’’. 
SEC. 7. 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 
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of the Surface Transportation Board under subtitle IV of 
title 49 of the United States Code.’’. 
SEC. 8. TERMINATION OF EXEMPTIONS IN TITLE 49. 
(a) IN GENERAL.—Section 10706 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(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 car-
rying out the agreement’’, 
(B) in paragraph (4)— 
(i) by striking the 2d sentence, and 
(ii) in the 3d sentence by striking 
‘‘However, the’’ and inserting ‘‘The’’, 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’’, 
(2) in subsection (d) by striking the last sen-
tence, and 
(3) by striking subsection (e) and inserting the 
following: 
‘‘(e) Nothing in this section exempts a proposed agree-
ment described in subsection (a) from the application of the 
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