Railroad Antitrust Enforcement Act of 2008

Bill: 110-hr-1650
Sponsor: Rep. Baldwin, Tammy [D-WI-2]
Introduced: 2007-03-22 in the House
Policy area: Commerce
Subjects: Antitrust law
Civil actions and liability
Damages
Injunctions
Law
Limitation of actions
Railroad freight operations
Railroad mergers
Railroad rates
Transportation and Public Works

Summary:
action_date: 2007-03-22
text: 
Railroad Antitrust Enforcement Act of 2007 - Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against a common carrier that is not a rail common carrier subject to the jurisdiction the Surface Transportation Board (STB).
 
Revises provisions prohibiting anticompetitive transactions except for those approved by specified federal agencies acting under certain statutes to eliminate the exemption for certain STB approved transactions.
 
Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB.
 
Empowers the Federal Trade Commission to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions.
 
Applies to rail common carriers subject to STB jurisdiction requirements governing the amount of recovery or prejudgment interest (treble damages) by injured persons, without regard to whether: (1) such railroads have filed rates; or (2) a complaint has been filed that challenges a rate.
 
Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements.
 
Requires the STB, and other reviewing agencies, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities.
 
Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws.

action_date: 2008-09-18
text: 
Railroad Antitrust Enforcement Act of 2008 - (Sec. 2) Amends the Clayton Act (the Act) to make federal antitrust laws applicable to all common carriers subject to the Surface Transportation Board (STB), regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed.
 
(Sec. 3) Subjects to antitrust review agreements among rail carriers to pool or divide traffic, services, or earnings.
 
(Sec. 4) Authorizes the the Federal Trade Commission (FTC) to enforce certain provisions of the Act against STB-approved agreements or combinations, including those related to rates.
 
(Sec. 5) Removes the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws.
 
(Sec. 6) Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB.
 
(Sec. 7) Amends the Federal Trade Commission Act to authorize FTC enforcement against rail carriers for unfair methods of competition.
 
(Sec. 8) Amends federal transportation law to terminate the exemptions from antitrust laws for rail carriers, including mergers and acquisitions and ratemaking agreements.
 
Requires the STB when reviewing a proposed rate agreement, to take into account its impact upon shippers, consumers, and affected communities, and to make findings regarding such impact, which shall be made part of the administrative record.
 
Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws.
 
(Sec. 9) Makes the date of enactment of this Act its effective date. Makes an exception for parties engaging prior to such enactment in conduct or actions previously exempted by STB approval (such parties to have 180 days to discontinue such conduct or action or otherwise become subject to the antitrust laws).


Legislative actions:
action_date: 2008-09-18
text: Placed on the Union Calendar, Calendar No. 556.
action_date: 2008-09-18
text: Committee on Energy and Commerce discharged.
action_date: 2008-09-18
text: Committee on Energy and Commerce discharged.
action_date: 2008-09-18
text: Committee on Transportation discharged.
action_date: 2008-09-18
text: Committee on Transportation discharged.
action_date: 2008-09-18
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-860, Part I.
action_date: 2008-09-18
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-860, Part I.
action_date: 2008-04-30
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2008-04-30
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-02-25
text: Hearing Held by the Task Force on Antitrust and Competition Policy.
action_date: 2007-03-23
text: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
action_date: 2007-03-23
text: Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
action_date: 2007-03-22
text: Referred to the Committee on the Judiciary, and in addition to the Committees 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.
action_date: 2007-03-22
text: Referred to the Committee on the Judiciary, and in addition to the Committees 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.
action_date: 2007-03-22
text: Referred to the Committee on the Judiciary, and in addition to the Committees 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.
action_date: 2007-03-22
text: Referred to the Committee on the Judiciary, and in addition to the Committees 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.
action_date: 2007-03-22
text: Introduced in House
action_date: 2007-03-22
text: Introduced in House