Railroad Antitrust Enforcement Act of 2009

Bill: 111-hr-233
Sponsor: Rep. Baldwin, Tammy [D-WI-2]
Introduced: 2009-01-07 in the House
Policy area: Commerce
Subjects: Administrative remedies
Civil actions and liability
Competition and antitrust
Contracts and agency
Federal Trade Commission (FTC)
Jurisdiction and venue
Railroads
Surface Transportation Board
Transportation costs

Summary:
action_date: 2009-01-07
text: 
Railroad Antitrust Enforcement Act of 2009 - 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.
 
 Subjects to antitrust review agreements among rail carriers to pool or divide traffic, services, or earnings.
 
 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.
 
 Removes the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws.
 
 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.
 
 Amends the Federal Trade Commission Act to authorize FTC enforcement against rail carriers for unfair methods of competition.
 
 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.

action_date: 2010-11-30
text: 
Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to remove an exemption from coverage under the federal antitrust laws with respect to mergers and acquisitions involving rail carriers. Removes from the Surface Transportation Board (STB) the authority to enforce federal antitrust laws with respect to rail carriers (thus vesting such authority in the federal antitrust agencies). Removes: (1) the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws; and (2) the rail carrier exemption from the Federal Trade Commission (FTC) prohibition against unfair methods of competition. 
 
 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.
 
Makes federal antitrust laws applicable to rail carriers regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed. Provides that, in any civil action against a rail carrier, the U.S. district court shall retain the discretion to defer to the jurisdiction of the STB.
 
Sets forth an effective date for this Act as the date of enactment, but provides a 180-day grace period for conduct that was exempted under the antitrust laws before such date of enactment.


Legislative actions:
action_date: 2010-11-30
text: Placed on the Union Calendar, Calendar No. 399.
action_date: 2010-11-30
text: Committee on Transportation discharged.
action_date: 2010-11-30
text: Committee on Transportation discharged.
action_date: 2010-11-30
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 111-669, Part I.
action_date: 2010-11-30
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 111-669, Part I.
action_date: 2009-09-16
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2009-09-16
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-07-30
text: Forwarded by Subcommittee to Full Committee by Voice Vote .
action_date: 2009-07-30
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2009-05-19
text: Subcommittee Hearings Held.
action_date: 2009-02-09
text: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
action_date: 2009-01-07
text: Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
action_date: 2009-01-07
text: Referred to House Transportation and Infrastructure
action_date: 2009-01-07
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, 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: 2009-01-07
text: Referred to House Judiciary
action_date: 2009-01-07
text: Introduced in House
action_date: 2009-01-07
text: Introduced in House