In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Railroad Antitrust Enforcement 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 Transportation 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 ''(excluding transactions described
in section 11321 of title 49 of the United States Code)'' after
''Surface Transportation Board''.

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 CARRIERS.

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 LIMITATION.

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 carrier 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 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 carrying 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 sentence, and
(3) by striking subsection (e) and inserting the following:
''(e) Nothing in this section exempts a proposed agreement
described in subsection (a) from the application of the antitrust 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).
''(f) In reviewing any proposed agreement described in subsection
(a), the Board shall take into account, among any other considerations,
the impact of the proposed agreement on shippers, consumers, and
affected communities. The Board shall make findings regarding such
impact, 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)--
(A) by striking ''The authority'' and inserting
''Except as provided in sections 4, 4A, 4C, 15, and 16
of the Clayton Act, the authority''; and
(B) in the 3d sentence by striking ''is exempt 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 antitrust 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 subsection (a), the
Board shall take into account, among any other considerations, the
impact of the transaction on shippers and affected communities.''.
(c) Conforming Amendments.--
(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. 9. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date of
enactment of this Act.
(b) Limitation.--A civil action under section 4, 4A, 4C, 15, or 16
of the Clayton Act, or a complaint under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent such section 5 applies to
unfair methods of competition, may not be filed with respect to any
conduct or activity that--
(1) occurs before the expiration of the 180-day period
beginning on the date of enactment of this Act; and
(2) was exempted from the antitrust laws (as defined in
subsection (a) of the 1st section of the Clayton Act (15 U.S.C.
12(a)), but including section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) to the extent such section 5 applies to
unfair methods of competition) by an order of the Interstate
Commerce Commission or the Surface Transportation Board issued
before the date of the enactment of this Act and pursuant to
law.
A:
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).