IB 
Union Calendar No. 399 
111TH CONGRESS 
2D SESSION 
H. R. 233 
[Report No. 111–669, 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 
JANUARY 7, 2009 
Ms. BALDWIN (for herself, Mr. POMEROY, Mr. ALEXANDER, and Mr. WALZ) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
NOVEMBER 30, 2010 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
NOVEMBER 30, 2010 
Additional sponsors: Ms. HERSETH SANDLIN, Mr. KIND, Mr. BERRY, Ms. 
JACKSON LEE of Texas, Mr. ROSS, Mr. ELLISON, Mr. FLEMING, Mr. 
SNYDER, Mr. PERLMUTTER, Mr. PETERSON, Mr. DOGGETT, Ms. GIF-
FORDS, Mr. KAGEN, Mr. MELANCON, Mr. JOHNSON of Georgia, Ms. 
BEAN, Mr. BOUSTANY, and Ms. MOORE of Wisconsin 
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NOVEMBER 30, 2010 
Committee on Transportation and Infrastructure 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 January 7, 2009] 
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. 
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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 2009’’. 
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO RAIL 
CARRIERS. 
(a) MERGERS AND ACQUISITIONS.—The last undesig-
nated paragraph of section 7 of the Clayton Act (15 U.S.C. 
18) is amended by inserting ‘‘(excluding transactions in-
volving a rail carrier as defined in section 10102 of title 
49 of the United States Code)’’ after ‘‘Surface Transpor-
tation Board’’. 
(b) VESTING OF AUTHORITY IN ANTITRUST AGEN-
CIES.—Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) 
is amended by inserting ‘‘(excluding a rail carrier as de-
fined in section 10102 of such title)’’ after ‘‘Code’’. 
(c) INJUNCTIONS.—The proviso in section 16 of the 
Clayton Act (15 U.S.C. 26) is amended by inserting ‘‘, ex-
cept against a rail carrier (as defined in section 10102 of 
such title)’’ after ‘‘Code’’. 
(d) FEDERAL TRADE COMMISSION AUTHORITY.—Sec-
tion 5(a)(2) of the Federal Trade Commission Act (15 
U.S.C. 45(a)(2)) is amended by adding at the end the fol-
lowing: 
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‘‘For purposes of this paragraph with respect to unfair 
methods of competition, the term ‘common carriers’ excludes 
a rail carrier as defined in section 10102 of title 49 of the 
United States Code.’’. 
SEC. 3. TERMINATION OF ANTITRUST EXEMPTIONS IN 
TITLE 49. 
(a) IN GENERAL.—Section 10706 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) beginning in the 3d sentence of para-
graph (2)(A) by striking ‘‘, and the Sherman Act 
(15 U.S.C. 1, et seq.),’’ and all that follows 
through ‘‘However, the’’ and inserting ‘‘. The’’, 
(B) in paragraph (3)(B)— 
(i) by striking ‘‘(i)’’, and 
(ii) by striking clause (ii), 
(C) in paragraph (4)— 
(i) by striking the 2d sentence, and 
(ii) in the 3d sentence by striking 
‘‘However, the’’ and inserting ‘‘The’’, and 
(D) 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’’, 
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(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 an agreement ap-
proved, or submitted for approval, under subsection (a) 
from the application of the antitrust laws (as defined in 
subsection (a) of the 1st section of the Clayton Act, but in-
cluding section 5 of the Federal Trade Commission Act to 
the extent such section 5 applies to unfair methods of com-
petition). 
‘‘(f) In reviewing any agreement submitted for ap-
proval under subsection (a), the Board shall take into ac-
count, among any other considerations, the impact of such 
agreement on shippers, consumers, and affected commu-
nities. The Board shall make findings regarding such im-
pact, 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)— 
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(A) by striking ‘‘The authority’’ and insert-
ing ‘‘Subject to subsection (c), 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 
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.— 
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(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.’’. 
SEC. 4. CLARIFICATIONS REGARDING APPLICABILITY OF 
REGULATORY DOCTRINES. 
(a) FILED RATE DOCTRINE.—The antitrust laws shall 
apply to a rail carrier (as defined in section 10102 of title 
49 of the United States Code), without regard to whether 
such rail carrier filed a rate or whether a complaint chal-
lenging a rate is filed. 
(b) DOCTRINE OF PRIMARY JURISDICTION.—In any 
civil action under the antitrust laws against a rail carrier 
(as defined in section 10102 of title 49 of the United States 
Code), the district court shall retain the discretion to defer 
to the jurisdiction of the Surface Transportation Board. 
(c) DEFINITION.—For purposes of subsections (a) and 
(b), 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 un-
fair methods of competition. 
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Union Calendar No. 399 
111TH CONGRESS 
2D SESSION 
H. R. 233 
[Report No. 111–669, Part I] 
A BILL 
To amend the Federal antitrust laws to provide ex-
panded coverage and to eliminate exemptions 
from such laws that are contrary to the public in-
terest with respect to railroads. 
NOVEMBER 30, 2010 
Committee on Transportation and Infrastructure dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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