I 
110TH CONGRESS 
1ST SESSION H. R. 1650 
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 
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 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 2007’’. 
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SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CAR-
RIERS. 
The proviso in section 16 of the Clayton Act (15 
U.S.C. 26) ending with ‘‘Code.’’ is amended to read as 
follows: ‘‘Provided, That nothing herein contained shall be 
construed to entitle any person, firm, corporation, or asso-
ciation, except the United States, to bring suit for injunc-
tive relief against any common carrier that is not a rail-
road subject to the jurisdiction of the Surface Transpor-
tation Board under subtitle IV of title 49, United States 
Code.’’. 
SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS. 
The sixth undesignated paragraph of section 7 of the 
Clayton Act (15 U.S.C. 18) is amended to read as follows: 
‘‘Nothing contained in this section shall apply to 
transactions duly consummated pursuant to authority 
given by the Secretary of Transportation, Federal Power 
Commission, Surface Transportation Board (except for 
agreements described in section 10706 of title 49, United 
States Code, and transactions described in section 11321 
of that title), the Securities and Exchange Commission in 
the exercise of its jurisdiction under section 10 (of the 
Public Utility Holding Company Act of 1935), the United 
States Maritime Commission, or the Secretary of Agri-
culture under any statutory provision vesting such power 
in the Commission, Board, or Secretary.’’. 
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SEC. 4. LIMITATION OF PRIMARY JURISDICTION. 
The Clayton Act 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, 4C, 15, or 16 of this Act, 
the district court shall not be required to defer to the pri-
mary 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 striking ‘‘subject to juris-
diction’’ and all that follows through the first semicolon 
and inserting ‘‘subject to jurisdiction under subtitle IV of 
title 49, United States Code (except for agreements de-
scribed in section 10706 of that title and transactions de-
scribed in section 11321 of that title);’’. 
(b) FTC ACT.—Section 5(a)(2) of the Federal Trade 
Commission Act (15 U.S.C. 45(a)(2)) is amended by strik-
ing ‘‘common carriers subject’’ and inserting ‘‘common 
carriers, except for railroads, subject’’. 
SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COM-
MON CARRIERS. 
Section 4 of the Clayton Act (15 U.S.C. 15) is 
amended by— 
(1) redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) inserting after subsection (a) the following: 
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‘‘(b) Subsection (a) shall apply to common carriers 
by rail subject to the jurisdiction of the Surface Transpor-
tation Board under subtitle IV of title 49, United States 
Code, without regard to whether such railroads have filed 
rates or whether a complaint challenging a rate has been 
filed.’’. 
SEC. 7. 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 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 agree-
ment’’ in the third sentence; 
(B) in paragraph (4)— 
(i) by striking the second sentence; 
and 
(ii) by striking ‘‘However, the’’ in the 
third sentence 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 car-
rying out the agreement’’; and 
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